HUGE Supreme Court non-ruling/ruling on same-sex marriage

I knew this could happen, but it still comes as a surprise. The Supreme Court today refused to hear appeals on five same-sex marriage rulings, effectively making same-sex marriage legal in five more states -- Oklahoma, Utah, Virginia, Wisconsin and Indiana.

Apparently this court has decided that it will let its DOMA ruling stand for gay marriage, unless it is forced to do otherwise. And as long as appeals courts keep ruling in our favor, it won't be forced to.

There is a key case to watch in the 5th Circuit in New Orleans. That court is hearing conflicting rulings in Louisiana (against same-sex marriage) and Texas (for ssm). If that court were to rule in favor of Louisiana, that might well force the Supremes' hand, as then there would be a conflict of appeals courts rulings that would need to be settled. If the 5th Circuit rules in favor of the Texas case, then it's possible that gay marriage could become the law of the land without the high court ruling on it directly (thought the DOMA ruling certainly points strongly in that direction).

http://www.cnn.com/2014/10/06/politics/scotus-sam … ?hpt=hp_t2


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  • BTW, Colorado clerks got the OK today to start issuing marriage licenses, making CO the 25th state to OK same-sex marriage. We're halfway there!

    The other 5 states -- N. Carolina, S. Carolina, W. Virginia, Wyoming and Kansas -- affected by yesterday's Supreme Court inaction are in legal limbo right now. The expectation is that they will have to issue licenses, but cases from them may have to get to their Circuit Court before they are ordered to do so. S. Carolina's AG vows to fight, but he doesn't have many options, to be honest.
    BearinFW 10/07/2014 12:08 PM
  • Note: this move is expected to mean that six additional states will allow same sex marriage because they are in the circuits whose court rulings were upheld today: North Carolina,South Carolina, West Virginia, Colorado, Kansas and Wyoming. That means some of the most conservative states in the country will allow gay marriage. If it goes well in Oklahoma and West Virginia, it will work anywhere. I would rather have a Supreme Court ruling finalizing the issue from further tampering, but this method should get us there too. Today's development should bring us past the halfway mark -- 30 states.
    BearinFW 10/06/2014 01:15 PM