Breyer signals gay marriage case not closed

Supreme Court Justice Stephen Breyer signaled Sunday that the case on same-sex marriage wasn’t totally closed despite the high court’s decision not to take up appeals on the issue earlier this session.

NPR correspondent Nina Totenberg, moderating a panel featuring Breyer, noted that by not accepting the appeals, the status quo of gay marriage was changing in several states. With many same-sex couples now relying on the changes wrought by lower court rulings, the Supreme Court could face a greater challenge to weigh in on the issue in the future.


But Breyer said that “the status quo there changes, you know, so there are plenty of opportunities.”

He seemed to be referring to opportunities to consider appeals on same-sex marriage.

Breyer appeared Sunday at the Jewish Federations of North America’s General Assembly at National Harbor alongside fellow Justice Elena Kagan, who declined to respond to Totenberg.

“You don’t really expect an answer on that, do you?” she asked to laughter from the audience.

In October, the high court let stand lower court decisions in five cases overturning state gay marriage bans. Soon afterward, additional states began allowing same-sex marriage.

Last week, however, the 6th Circuit upheld prohibitions on gay marriage. The decision creates a split among lower courts that now makes it much more likely the justices will take up the issue.