By declining to take up gay marriage in the current term, the Supreme Court left intact lower court decisions legalizing gay marriage and cleared the way for same-sex marriage in 30 states and the District of Columbia.
The justices on Monday did not comment in rejecting appeals from Indiana, Oklahoma, Utah, Virginia and Wisconsin. No other state cases were currently pending with the high court, but the justices stopped short of resolving for now the question of same-sex marriage nationwide.
The court’s order immediately ends delays on marriage in those states. Couples in six other states — Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming — should be able to get married in short order. Those states would be bound by the same appellate rulings that were put on hold pending the Supreme Court’sreview.
That would make same-sex marriage legal in 30 states and the District of Columbia.
Experts and advocates on both sides of the issue believed the justices would step in and decide gay marriage cases this term.
The justices have an obligation to settle an issue of such national importance, not abdicate that responsibility to lower court judges, the advocates said. Opting out of hearing the cases leaves those lower court rulings in place.
Two other appeals courts, in Cincinnati and San Francisco, could issue decisions any time in same-sex marriage cases. Judges in the Cincinnati-based 6th Circuit who are weighing pro-gay marriage rulings in Kentucky, Michigan, Ohio and Tennessee, appeared more likely to rule in favor of state bans than did the 9th Circuit judges in San Francisco, who are considering Idaho and Nevada restrictions on marriage.
It takes just four of the nine justices to vote to hear a case, but it takes a majority of at least five for an eventual ruling. Monday’s opaque order did not indicate how the justices voted on whether to hear the appeals.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Okay, this is good.
Waiting for another shoe to drop though. I’m sure Roberts’ court will find another way to shit on the US, with the help from Alito, Scalia and quiet Thomas.
TPM really needs a new picture to use for gay marriage articles.
If they were going to shit on us, wouldn’t they have done it now?
Since the SC refused to jump over the broom on these cases, look for the right wing to bring out the shotgun.
Naw…they will not flip the lower courts on this. It is clearly an Equal Protection matter and has been for centuries The tide is rising and the court does not want to be on the wrong side of history.