The decision overturns lower court rulings favoring marriage equality in Michigan, Ohio, Tennessee and Kentucky, and makes the 6th Circuit the first appeals court to uphold state bans since the Supreme Court struck down the federal Defense of Marriage Act.
With a split among the circuits, a practical question is whether the cert petitions/responses will be filed quickly enough for the Supreme Court to consider the matter this term, or whether it’s pushed to next fall (meaning ruling June 2016, which would be right in time for the presidential election). Many expect the latter, which could be unfortunate. The slow spread of marriage equality through the circuits has proceeded without any real backlash to speak of, with even conservative GOP governors accepting the verdicts. In fact, many took note of a significant GOP shift during the midterm election campaigns.
Another possibility: for marriage-equality proponents is to seek en banc review by the entire circuit. If that were successful, the move through the circuits could continue without risking a bad Supreme Court ruling, or even the backlash engendered by a good one.
More. Dale Carpenter analyzes what’s wrong with the Sixth Circuit decision (with links to earlier posts in his series of critiques).