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Bucking a nationwide trend where four federal courts have overturned bans on marriage equality creating marriage rights for gay and lesbian couples in 32 states* across the U.S., last Wednesday, the 6th Circuit becomes the first federal appeals court to rule against gay marriage.

Just last September, Supreme Court Justice Ruth Bader Ginsburg told an audience at the University of Minnesota Law School that close attention should be paid to any upcoming decision on state gay marriage bans in the 6th Circuit. Apparently she sensed that the 6th circuit – in particular – might choose a different path than the one most taken. She warned that given such a split in judicial circuits on the issue of marriage rights, “there will be some urgency” for the Supreme Court to step in and resolve the constitutionality of marriage equality once and for all.

That ruling could come as early as the end of this term, in late June of 2015.

In his opinion, 6th Circuit District Judge Martin Feldman, upheld Louisiana’s ban on same-sex marriage arguing Louisiana “has a legitimate interest … whether obsolete in the opinion of some, or not, in the opinion of others … in linking children to an intact family formed by their two biological parents?”

Besides determining Louisiana has a right to ban marriage because – “children”- Judge Feldman went down the familiar slippery-slope and pondered such age-old questions as whether or not marriage equality would open the door to states being compelled to recognize “a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female?”

Sounds like someone Justice Antonin Scalia could really relate to.

So, what will become of marriage equality in the U.S. if a majority of the Supremes side with the 6th Circuit?

All states with bans on marriage (aka mini DOMA’s) will have the option of reinstating those bans or leaving marriage equality laws on the books. States with bans still in place will keep them until such time as they get overturned by court order, legislative action or popular vote.  In other words, we will go backward. Not completely, but a lot.

What will this mean for you?

If you’re already married, chances are, states that reinstate bans will let gay and lesbian married couples remain married. Otherwise, chaos will ensue, right?  Well, it’ll be unfair and chaotic either way but hey, a bigot’s gotta do what a bigot’s gotta do! In state’s where the members of the legislature notice the sky didn’t fall after gay men and lesbians started getting married may find that there is no longer a blood thirst for a marriage ban – especially if a family member or close friend has come out and had a wedding.

Basically, what we’ll have is more of the same patchwork quilt of zones of equality and inequality across America where you’ll be married or not married depending on where you happen to be located at any given time.

If you have a will or trust and advance directives giving your partner/spouse inheritance and decision making rights and you keep those documents up-to-date you’ll be fine – legally – no matter what song the Supremes sing in June.

But they really ought to take a song out of Aretha Franklin’s playbook and give the LGBTQ Community a little R-E-S-P-E-C-T! (Sorry, I just couldn’t resist!)

If you don’t have a will, trust or advance directives you need to get them here now today!  It’s affordable and easy. Just click on the buy a package link and choose which package is right for you. If you’re not sure, click on the ‘figure out what you need’ link to take a short quiz. If you’re STILL not sure, give us a call at 304-629-4646 for a FREE phone consultation to help you figure out what you need to get all your ducks in a row.