U. S Federal District Judge Michael McShane has struck down Oregon's ban on gay marriage, making it the 8th overturn out of 8 cases heard in federal courts in less than a year since SCOTUS' historic decision that held parts of the Defence of Marriage Act to be unconstitutional. In addition, two more states were ordered to recognize marriages legally performed in other states.
The growing roster of states where the law has been overturned, but are awaiting appeal, include: Utah,
Oklahoma, Virginia, Texas, Michigan, Arkansas, Idaho, and now Oregon. Ohio and
Kentucky are the ones ordered to recognize other-state marriages.
Isn't it unlikely that SCOTUS will disagree with 10 out of 10 federal judges? Isn't it? All it would take is either Kennedy or Roberts to side with the four liberal justices. It's not that SCOTUS is bound by lower court decisions; far from it. But if 100% of them decide one way, based on SCOTUS precedents, what legal reasoning could have been overlooked?
This of course is in addition to the 17 states and the District of Columbia in which it was already legal.
Ralph
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