Justice Stephen Breyer Sunday night told a large group that the Supreme Court is not finished with marriage yet.
Speaking to an audience of 2000 people, Justice Stephen Breyer said there are “plenty of opportunities” for the Supreme Court to take up another marriage case.
The 76-year old Clinton appointee appeared on a panel hosted by the Jewish Federations of North America with his colleague, Justice Elena Kagan.
Politico reports “NPR correspondent Nina Totenberg, moderating a panel featuring Breyer, noted that by not accepting the appeals, the status quo of gay marriage was changing in several states. With many same-sex couples now relying on the changes wrought by lower court rulings, the Supreme Court could face a greater challenge to weigh in on the issue in the future.”
But Breyer said that “the status quo there changes, you know, so there are plenty of opportunities.â€
He seemed to be referring to opportunities to consider appeals on same-sex marriage.
Justice Kagan was far less forthcoming.
“You don’t really expect an answer on that, do you?†she asked to laughter from the audience.
Last month, the Supreme Court declined to review any of seven same-sex marriage cases from five states. Court watchers believe, and Justice Ruth Bader Ginsburg had said outside of the Court, that since there has not been any dissent at the Appellate level, there was no need for the Justices to step in.
But last week the 6th Circuit Court of Appeals indeed ruled in favor of states that ban same-sex marriage, setting off what most consider a constitutional challenge, and the need for the Supreme Court to issue a ruling.
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