6th circuit is the same circuit that disagreed with homosexual marriage and forced the Scotus to have a hearing.
SCOTUS could have taken the first circuit case that came along, that found homosexual marriage in the 14th amendment. SCOTUS does not need a split in order to justify taking a case.
I'm not sure a split forces SCOTUS to rule, any more than variations between the state laws would. SCOTUS took the case because it wanted to announce that it had found the right to homosexual marriage in the constitution.
Kim Davis was a martyr in jail and she would only hurt the LGBT activists and their agenda sitting in a jail cell.
The lawyers for the plantiffs wanted her fined, not jailed.
Watch out for fines in the future.....