'Tears of joy, sadness' at gay marriage decision

James Obergefell (right) says the U.S. Supreme Court’s decision Friday to hear his case related to Ohio’s same-sex marriage ban brought him tears of “joy and sadness." He’s pictured with John Arthur after they returned from their wedding on July 11, 2013. Arthur died after the wedding, and Obergefell sued for the right to have his name as Arthur’s spouse on the death certificate.(Photo: Enquirer file)CINCINNATI -- Jim Obergefell's voice shook with emotion after he learned that his case was headed to the U.S. Supreme Court on Friday afternoon."Tears of joy and sadness," he said, his voice cracking. "Sadness because I miss John."Obergefell, 48, is the Cincinnati man whose marriage to his terminally ill partner, John Arthur, prompted one of the six cases that the nation's highest court agreed to hear to potentially decide once and for all whether marriage is a constitutional right for all couples in the country, regardless of sexual orientation.In November, the U.S. 6th Circuit Court of Appeals brought to an end the extraordinary winning streak that same-sex marriage advocates had enjoyed since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act in June 2012. The act defined marriage as between a man and a woman.Lawyers representing the attorneys general for Ohio, Kentucky, Michigan and Tennessee had each argued that their bans should stand unless voters decided to nix them. Judges Jeffrey S. Sutton and Deborah L. Cook, both of whom were appointed by President George W. Bush, agreed, reversing a federal judge's earlier ruling that declared the bans unconstitutional.Alphonse Gerhardstein, the Cincinnati lawyer who filed two suits on behalf of Obergefell and other gay couples – said Friday that the high court likely agreed to hear the cases because the appellate ruling "bucked the trend.""I'm very excited," he said, adding that lawyers involved already were given a schedule that points to a decision being delivered by mid-2015."This is fast for the Supreme Court," he said.The challenging lawyers' briefs are due Feb. 27, to which the four states will file replies by March 27. Gerhardstein and his comrades' replies are then due April 17."This means we'll be arguing it in April and it will be decided by the end of June," Gerhardstein said.Marc Spindelman, a law professor at Ohio State University, had predicted that the 6th Circuit's ruling would be the one finally taken up by the Supreme Court."The 6th Circuit provided what we in the biz call a 'circuit split,' a disagreement among the federal courts about a question," Spindelman said. Until that ruling that halted the momentum favoring gay marriage nationwide, the highest court had no reason to step in, he said."This is the moment that everybody has been waiting for and/or dreading but expecting would happen," he said. "This will resolve that conflict of that opinion."Activists on both sides of the gay-marriage issue applauded Friday's announcement. Phil Burress, president of Citizens for Community Values, which opposes gay marriage, said it's "good news.""They've accepted a case where our point of view will be argued, which is that this is a states' rights issue," Burress said.He said he's concerned that some of the high court's "activist judges" have a pro-gay agenda, and that Justice Ruth Bader Ginsburg should recuse herself because she has performed gay unions herself."For the U.S. Supreme Court to force same-sex marriage on all 50 states would be unconscionable," Burress said. "This needs to be decided by the people state by state, and not by the justices."James Esseks, director of the ACLU Lesbian Gay Bisexual Transgender & AIDS Project, said the country is ready for a "national solution.""Every single day we wait means more Americans are harmed by the denial of full marriage rights – more people die before they have a chance to marry, more children are born without proper protections, more people face medical emergencies without being able to count on recognition of their spouses," Esseks said. "It is time for the American values of freedom and equality to apply to all couples."Europe anti-terrorism raids lead to dozens of arrestsJan 16, 2015