WASHINGTON — Justice Clarence Thomas suggested Thursday that the U.S. Supreme Court was divided over whether to hear the gay marriage cases the justices rejected last month.
At the time, the justices said nothing to explain their action and there was no way to know whether the court was unanimous.
He said he doesn’t understand why the court did not hear appeals from the states that sought to preserve their bans on same-sex weddings.
Article continues belowThe court often reviews decisions striking down state laws. “But for reasons that escape me, we have not done so with any consistency, especially in recent months,” Thomas wrote, joined by Justice Antonin Scalia.
It takes four justices to grant review of a lower court decision.
Justice Ruth Bader Ginsburg has said the court did not get involved then because lower appellate courts had all ruled the same way – in favor of same-sex couples.
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