Political strategists: Circuit Court upheld same-sex marriage bans to force SCOTUS action

WASHINGTON, Nov. 7 (UPI) -- Despite the reinstatement of same-sex marriage bans in four states, political strategists and court watchers say the Circuit Court's decision to reverse previous rulings against bans were made to force the Supreme Court to stop punting on same-sex marriage.

The 6th Circuit Court of Appeals' decision reinstates previously overturned same-sex marriage bans in Kentucky, Ohio, Michigan and Tennessee.

Greg McNeilly, a gay Republican strategist who married his longtime partner in the period of time between the Michigan ban's initial reversal and the appeals court decision, said although he was frustrated at the federal appeals court's ruling, the decision will eventually lead to same-sex marriage nationwide by forcing the Supreme Court to hear arguments.

"It's an outrage the ban would stand in place," McNeilly told Michigan Live.

"But when you step back and understand the system and the process, I think in the long run what the Sixth Circuit Court did today will bring marriage equality to more Americans because it is putting conflict in the circuit (courts) so the Supreme Court will take it ... This is a chess game."

In October, the Supreme Court declined to hear arguments seeking to reinstate same-sex marriage in Indiana, Oklahoma, Utah, Virginia and Wisconsin. The decision legalized same-sex marriage in those states, but many feel it was made because circuit opinions agreed banning same-sex marriage was unconstitutional, and the Supreme Court wanted to wait for a split decision to rule on.

As the 6th Circuit's decision differed from the initial opinion, the Supreme Court now has that split decision.

"If the court takes the case, that means they will resolve this issue for the entire country," echoed Shannon Minter, legal director for the National Center for Lesbian Rights, to the Tennessean.

"That will be a very good thing. Right now there are still a number of states where couples cannot marry. They're in a terrible limbo and losing protections and benefits every day."