MINNEAPOLIS — People seeking clues about how soon the Supreme Court might weigh in on states’ gay marriage bans should pay close attention to the 6th Circuit Court of Appeals, Justice Ruth Bader Ginsburg told a Minnesota audience Tuesday.
Ginsburg said cases pending before the circuit covering Kentucky, Michigan, Ohio and Tennessee would probably play a role in the high court’s timing. She said “there will be some urgency” if that appeals court allows same-sex marriage bans to stand. Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted.
She said if the appeals panel falls in line with other rulings there is “no need for us to rush.”
Ginsburg didn’t get into the merits of any particular case or any state’s gay marriage ban, but she marveled at the “remarkable” shift in public perception of same-sex marriage that she attributes to gays and lesbians being more open about their relationships.
Same-sex couples can legally wed in 19 states and the District of Columbia. Bans that have been overturned in some other states continue to make their way through the courts.
“Having people close to us who say who they are – that made the attitude change in this country,” Ginsburg said at the University of Minnesota Law School.
The Supreme Court returns from a summer recess in early October. Ginsburg wasn’t the only justice on the lecture circuit Tuesday; Justice Clarence Thomas was addressing a gathering in Texas.
Thomas, one of the court’s conservatives, expressed his firm belief in the strict construction of the Constitution during his appearance at the University of Texas at Tyler. As a judge, Thomas said, he’s “not into creative writing,” the Tyler Morning Telegraph reported.
And Thomas said he’s motivated by the belief that if the country “is not perfect, it is perfectible.”
Fifteen months ago, the high court struck down a provision of the federal Defense of Marriage Act that denied a range of tax, health and veterans benefits to legally married gay couples. Rulings invalidating state gay marriage bans followed in quick succession.
Ginsburg spent 90 minutes before an audience of hundreds discussing her two decades on the Supreme Court as well as her days as an American Civil Liberties Union lawyer. In a question-and-answer period, she predicted that cases dealing with the environment and technology would make for watershed decisions in years to come.
Privacy of information carried on smartphones in the context of criminal searches could be particularly big, Ginsburg said. “You can have on that cellphone more than you can pack in a file cabinet,” she said.
The liberal justice said the court is the most collegial place she has worked as she fondly described her close relationship with conservative Justice Antonin Scalia. She made sure to plug a comic opera about the two of them – “Scalia/Ginsburg” – that will debut next year in Virginia.
And the 81-year-old Ginsburg elicited plenty of laughter by highlighting a Tumblr account about her called the “Notorious R.B.G.” and a never-realized dream job.
“If I had any talent God could give me, I would be a great diva,” she said.
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