On Wednesday, the Sixth Circuit Court of Appeals heard oral arguments on six separate challenges to marriage-equality bans in Kentucky, Michigan, Ohio and Tennessee. Courts in all four states have overturned their respective bans in recent months, but those decisions are delayed pending the appeal process.
The joint nature of Wednesday’s proceeding raises some interesting questions about the pace of the marriage-equality movement.
It’s commonly believed that the U.S. Supreme Court could settle the question of marriage equality nationwide with finality by next summer. While the sooner that all same-sex couples have access to the rights and benefits afforded by legal marriage the better, envisioning a sweeping and swift end to this leg of the LGBT-rights movement is somewhat bittersweet.
While equality eluded same-sex couples in Pennsylvania for far too long, most can agree that the momentum leading up to the ruling that granted marriage equality in the Keystone State was thrilling. Each step of the last year since the federal ban on same-sex marriage fell — D. Bruce Hanes’ historic issuing of marriage licenses, the filing of lawsuit after lawsuit, dates scheduled for rulings — rallied the community and its allies, both old and new. The notion that it was finally time for Pennsylvania was thrilling and, when the May 20 ruling came down, locals were able to finally take pride in their state, and the many local people who made that day possible.
But, the victories are coming so swiftly that not every state may be able to have a similar experience. The movement has taken off and its pace is unstoppable: Just since last summer, 19 federal courts — 16 district and three appellate — as of presstime had found marriage-equality bans to be unconstitutional. The marriage-equality landscape of today is wholly different than it was one year ago, and it will likely be wholly different one year from now. If the nation’s top court rules in favor of equality, the domino effect could be immediate.
The overnight changes may leave some missing their chance to follow their local fight through to fruition, and could necessitate revamped public-awareness work to ensure the public falls in line with the laws — but still, each day equality is denied is one day too long. The path to marriage equality has been different already — some states saw legislation, some saw litigation — across the country. Nationwide, the path and pace we take to get there isn’t nearly as important as reaching our final destination.