Supreme Court won't hear Louisiana gay marriage case

Richard Wolf | USA TODAY

WASHINGTON — The Supreme Court denied a plea from gay and lesbian couples in Louisiana on Monday that it consider striking down the state's ban against same-sex marriage.

The decision means that a district court ruling upholding the ban there first must be challenged in a federal appeals court, where it was argued Friday along with cases from Texas and Mississippi.

Four other cases from Michigan, Ohio, Kentucky and Tennessee remain pending at the high court, however. The justices could accept one or more of those cases for argument later this week.

Most Supreme Court experts believe the justices will agree to hear a case during its current term. November's divided ruling from the U.S. Court of Appeals for the 6th Circuit upholding four states' marriage bans created a split among the nation's appellate courts that only the high court can resolve.

The justices had sidestepped the issue in October, when they let stand appeals court rulings striking down gay marriage bans in Virginia, Indiana, Wisconsin, Oklahoma and Utah. Those rulings and a later appeals court decision affecting Idaho and Nevada drew in neighboring states as well. As a result, 70% of Americans live in states where same-sex marriage is allowed.

The Louisiana petition was unique in that it remains pending at the 5th Circuit Court of Appeals in New Orleans, where a three-judge panel heard arguments Friday. Seven couples are involved in the case, including some seeking to marry and others seeking to have marriages performed elsewhere recognized in Louisiana.

The state argued that the high court should choose its case because of "the traditional definition of marriage that is reflected consistently across Louisiana's family laws," as well as "to consider a wider range of marriage laws, defended by a wider array of legal arguments."