Slowing down the bandwagon

The Supremes will decide whether to take the Louisiana same-sex marriage case on January 9, the same day they'll decide whether to take the Michigan case. The LA case is of interest because the district judge said bans on same-sex marriage are just fine with him, in contrast to more than 30 other recent rulings around the state.

The announcement of the Supremes considering the LA case seemed premature to me. I read the article again. No, the 5th Circuit hasn't ruled yet – the LA case will be in oral argument before that court on the same day the Supremes will decide whether to take it.

Meanwhile, Butch Otter, Gov. of Idaho is shouting Wait for Me! He doesn't want the Supremes to take a same-sex marriage case until it can include the one from his state in the mix. He filed a brief with the Supremes saying they should wait for Idaho's case because he says it is a better case. In particular it would challenge the 9th Circuit's level of scrutiny and has a religious liberty component. Otter's brief isn't attached to a case yet because it is still before the 9th Circuit and a plea for another hearing – even though the 9th Circuit has said same-sex marriage is just fine with them. One might think Otter wants to jump on the bandwagon to make sure the Supremes don't get to it this year.

Besides, Michigan has the better case – there was an actual trial, producing actual evidence.