CINCINNATI, Ohio (AP) – A federal appeals court will hear arguments in gay marriage fights from Ohio and three other states in the biggest session of its kind so far.
A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments in the cases from Ohio, Kentucky, Michigan and Tennessee Wednesday.
The cases pit states’ rights and traditional, conservative values against what plaintiffs’ attorneys say is a fundamental right to marry under the U.S. Constitution.
An Ohio case deals only with the state’s recognition of out-of-state gay marriages and challenges a ban approved by voters in 2004. Attorney General Mike DeWine has said he will defend the ban because it is what voters wanted.
Cases in Tennessee are narrowly focused on the rights of three same-sex couples while those in Michigan and Kentucky stem from rulings striking down each state’s gay marriage bans.
Since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year, gay marriage advocates have won more than 20 victories in federal courts.
No decision has gone the other way in that time. Observers say the 6th Circuit panel could be the first to deliver a victory to gay marriage opponents.