Tags: MidPoint | Tom Horne | Supreme Court | gay marriage | Arizona attorney general

Tom Horne: Supreme Court Gay Marriage Decision Not Surprising

By    |   Tuesday, 07 Oct 2014 04:16 PM

Arizona attorney general Tom Horne says that he wasn't surprised by the decision by the Supreme Court to not take up appeals by states trying to keep their gay marriage bans.

"I wasn't surprised," Horne told Ed Berliner on "MidPoint" on Newsmax TV Tuesday. "By doing nothing they leave in place circuit court decisions saying that gay marriage is to be permitted, and that appears to be the view of the majority of the Supreme Court justices."

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"You have your typical 4-4 split with [Justice Anthony] Kennedy in the middle," he explained.

"In a few of Kennedy's most recent decisions, he said things that made it sound as though he thinks it's unconstitutional to prohibit gay marriage," he said.

"The easiest thing for them to do is to leave those decisions in place," he added.

According to Horne, a major contributing factor to the Supreme Court not taking up those cases is the fact that all the federal appellate courts have been in agreement.

"If there were a circuit that would have upheld the ban on gay marriage, then that would have created a conflict among circuits, and it would have been much more likely that they would have taken it," he explained.

"So far the five circuits that have ruled have all ruled that gay marriage is permissible," he said.

"If the circuits are consistent, that decreases the probability in any case that the Supreme Court will" take up those cases.

"The Supreme Court can only take a limited number of cases and most cases are decided by the circuits," the Arizona attorney general said.

"When the circuits are disagreeing, it makes it much more likely that the Supreme Court will take a case," he added.

Horne says that they are "fighting in Arizona ... to sustain the will of the voters."

Arizona voters added an amendment to their constitution defining marriage as being between one man and one woman through a ballot measure in 2008. Arizona's gay marriage ban remains unchanged by the high court's decision, but there are two lawsuits challenging the law in the Ninth Circuit Court of Appeals.

"People can disagree about whether we should have gay marriage or not, but it should be a decision of the people really rather than imposed on them by the judges," he said.

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Arizona attorney general Tom Horne says that he wasn't surprised by the decision by the Supreme Court to not take up appeals by states trying to keep their gay marriage bans.
Tom Horne, Supreme Court, gay marriage, Arizona attorney general
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2014-16-07
Tuesday, 07 Oct 2014 04:16 PM
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