High court ruling against gay marriage would produce chaos, professor says
WASHINGTON (AP) — Gay and lesbian couples could face legal chaos if the Supreme Court rules against same-sex marriage in the next few weeks.
Same-sex weddings could come to a halt in many states, depending on a confusing mix of lower-court decisions and the sometimes-contradictory views of state and local officials.
Among the 36 states in which same-sex couples can now marry are 20 in which federal judges invoked the Constitution to strike down marriage bans.
Those rulings would be in conflict with the nation's highest court if the justices uphold the power of states to limit marriage to heterosexual couples. A decision is expected by late June in cases from Kentucky, Michigan, Ohio and Tennessee.
Top officials in some states, including California, seem determined to allow gay and lesbian couples to continue to marry no matter how the court decision comes out. But some county clerks, who actually issue marriage licenses, might not go along, experts said.
In other states, a high court ruling in favor of state bans would serve to prohibit any more such unions, but also could give rise to new efforts to repeal marriage bans through the legislature or the ballot.
The scenario may be unlikely, given the Supreme Court's role in allowing those lower court rulings to take effect before the justices themselves decided the issue. But if the court doesn't endorse same-sex marriage nationwide, "it would be chaos," said Howard Wasserman, a Florida International University law professor.
43
