Monday, October 6, 2014

And then there were 30....

Today, the Supreme Court decided not to hear the 7 marriage equality cases on its docket.  By denying certiori, it means that the lower circuit court decision affirming marriage equality in each of those cases is upheld.  That means for the five states in question (Utah, Virginia, Oklahoma, Wisconsin, and Indiana), it's the end of the line and marriages can begin again.

Moreover, six additional states that currently have bans in the 4th, 7th, and 10th circuits will fall under these decisions.

So we may see marriage equality in West Virginia, South and North Carolina, Colorado, Kansas, and Wyoming as well.


The arc of justice just bent a little more.

The Court can always weigh in if any of the remaining circuits make decisions that are appealed.  This is more likely if one of those decisions goes against the wave for equality.

Scotusblog has more.


Brother David said...

The Federal Appeals Court that could brek ranks is the 5 Circuit in NOLA. That court have two cases to hear, one from LA that upheld the ban on same gender marriages and one from TX that struck down the ban. But you would think that the 5th Circuit justices would see the writing on the wall with this morning’s decision to deny certiori and not wish their decision overturned later. Once there are same gender marriages occurring in 30+ states, I doubt the US Supreme Court would turn back the clock and declare all those, what could by then be 100s of 1000s of marriages, null & void or allow those marriages to stand but forbid any more to occur.

JCF said...

An obituary from my local papeer which seems particularly poignant today:

RIP Prof Tom. Comfort to your widower Phan. Let us never forget our heroes...