Monday, October 06, 2014

Supreme Court declines to hear same-sex marriage until there is a conflicting appeals court ruling (and it's no "surprise")

The Supreme Court has refused to grant cert on same-sex marriage appeals from opponents this morning. 
That means that in five states where appeals courts have backed lower court rulings but for which the appeal was intended, stays are lifted and same sex marriage can move forward. These states are Utah, Oklahoma, Virginia, Wisconsin, and Indiana.  Of these, only Wisconsin wouldn’t be viewed as socially conservative.  In Utah, as I noted yesterday, the Mormon Church is pretty much shutting up on the issue, and Mormon families in the last few years have generally started to become more accepting of their gay kids.
Vox Media reports that the “non ruling” also means that same-sex marriages can go forward in Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming (site of Mathew Shepard’s tragedy in 1998), link here.

However, the Sixth Circuit still might uphold a marriage ban, opening the door for a Supreme Court challenge in 2015-2016. CNN refers to this story as a "same-sex marriage surprise", but legally it sounds quite predictable.  

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