[JURIST] Louisiana officials on Tuesday asked [text, PDF] the US Supreme Court [official website] to hear a case concerning its same-sex marriage ban. The state’s Attorney General asked for a writ of certiorari before judgment, meaning that the Supreme court could hear the case before the US Appeals Court for the Fifth Circuit [official website] rules. These writs are only granted when it has been shown that a case “is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court” according to rule 11 [text] of the Supreme Court. The brief stated that:
Louisiana also agrees that this case is an ideal vehicle for deciding the issues. … It is a final judgment. It has no standing defects. It properly resolved the issues on the basis of law, not facts. Louisiana’s marriage laws present a clear choice for the traditional definition of marriage that is reflected consistently across Louisiana’s family laws. And reviewing the Louisiana case along with one or more petitions from the Sixth Circuit will allow the Court to consider a wider range of marriage laws, defended by a wider array of legal arguments. Louisiana thus agrees with petitioners that …”the decision below is uniquely appropriate for certiorari before judgment and consideration along with the Sixth Circuit ruling.”
Arguments will begin in the Fifth Circuit on January 9.
This writ comes after the petitioners in this case, seven same-sex couples, filed a similar request [JURIST report] in November. South Carolina also asked the supreme court to review its same-sex marriage case after Michigan and Kentucky asked the same [JURIST reports] of the court. Also in November same-sex marriage bans in Arkansas and Mississippi were struck down [JURIST report].