The Plaintiffs in the dual Kentucky marriage equality cases Bourke v. Beshear and Love v. Beshear elected to file a Petition for Writ of Certiorari to the U.S. Supreme Court, asking the highest court in the country to review - and reverse - the recent holding of the Sixth Circuit Court of Appeals. That holding upheld discriminatory marriage laws in Kentucky as well as in Michigan, Ohio, and Tennessee. The Sixth Circuit is the only federal appellate court in the country to rule against challengers to such laws thus far. Four other Circuit Courts of Appeals have ruled against state bans.
A .pdf version of the complete Petition is here.
There are three primary arguments in favor of granting certiorari made by the Bourke and Love Plaintiffs: (1) there exists a profound split among the Circuit Courts on the issue of state marriage bans; (2) the Sixth Circuit opinion was incorrect and should be reversed; and (3) this issue is of critical national importance that deserves a quick resolution.
The Plaintiffs in the Michigan, Ohio, and Tennessee cases have each filed similar petitions of their own. It is possible that the Supreme Court could agree to hear all the cases together this term, or just one, or put them all off until next term. As the highest judicial body in the country, they enjoy considerable discretion.