Nicholas Riccardi and Brady McCombs | Associated Press | Reader Supported News | June 36, 2014
he first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?
The court danced around that question precisely one year ago when it issued a pair of rulings on gay marriage. At the time, Justices Ruth Bader Ginsburg and Stephen Breyer warned about the high court trying to enforce societal changes through judicial fiat, with Ginsburg citing the lingering abortion rights battle ever since the court legalized the practice in Roe v. Wade.
The high court’s caution was evident in its rulings: It upheld a decision striking down California’s gay marriage ban but relied on technicalities rather than finding a national right for same sex couples to marry. Then it struck down parts of the federal Defense of Marriage Act, finding same-sex marriages from states where the practice was legal must be recognized.