CHICAGO (CN) - The 7th Circuit temporarily reversed course this morning when it reinstated Indiana and Michigan's bans on same-sex marriage so that the U.S. Supreme Court can tackle the issue.
Earlier this month, Judge Richard Posner slammed the bans, which he labeled discriminatory and harmful to adopted children. At oral arguments, he demanded that state attorneys distinguish their states' laws from a "savage history" of discrimination "based on hate" and akin to racial segregation.
With the state's request for Supreme Court review pending, however, the circuit issued a one-line order Monday staying its own mandate against the bans. It had previously joined the dozens of courts who have ruled in favor of same-sex marriage since last year.
The nation's highest court has yet to definitively weigh in on the matter, and observers will now wonder whether the Indiana and Michigan laws will yield a decision of Roe v. Wade or Brown v. Board of Education's caliber for a new divisive civil rights issue.
The Supreme Court's term begins in October, and it has traditionally decided what cases to take up by the end of September.
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