Scalia: U.S. Supreme Court will consider marriage equality ‘soon, soon’

U.S. Supreme Court Justice Antonin Scalia

U.S. Supreme Court Justice Antonin Scalia AP

U.S. Supreme Court Justice Antonin Scalia hinted Wednesday that the high court will consider the issue of same-sex marriage — “soon.”

Scalia was fielding questions Wednesday evening following a speech at the University of Colorado when he was asked if the court will take up the question of whether state same-sex marriage bans are constitutional.

“I know when, but I’m not going to tell you,” he reportedly replied, getting a big laugh from the audience. “Soon! Soon!” he added.

The following morning, the Court took no action on appeals asking it to consider the issue of same-sex marriage.

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There was hope that Thursday would be the day the justices took a case from one of five states where appeals are pending — Utah, Indiana, Oklahoma, Virginia and Wisconsin.

The justices are scheduled to meet again Oct. 10 to consider new cases, and decisions about what to hear could be announced then or Oct. 14.

Last month, Justice Ruth Bader Ginsburg told a forum in Minnesota that the court might wait for a split among appeals courts before it considers the matter.

To date, federal appeals courts in the Fourth, Seventh and Tenth Circuits have all declared state marriage bans unconstitutional. Decisions are pending on cases already heard by the Sixth and Ninth Circuits, and the Fifth Circuit could hear cases from Texas and Louisiana in the next several months.

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