Monday, October 6, 2014

Five more bans on marriage equality bite the dust -- with six other states to be affected as well

Everyone expected that SCOTUS would accept and hold hearings on at least one of the five pending appeals of the overturned state bans on marriage equality.  It could have led to a sweeping decision affecting all 50 states.  Both sides had asked them to rule on the issue.

But SCOTUS surprised everyone today by refusing to take any of the five cases.   Thus in those five states -- Indiana, Oklahoma, Utah, Virginia, and Wisconsin -- the appellate court decision stands, and the way is now open for the immediate freedom to marry in those states.

The U. S. Circuit Courts of Appeals divides the country into 11 circuits, with a circuit court hearing appeals that arise in the states within its jurisdiction.   These five state cases came up through the 4th, the 7th, and the 10th circuit courts.

In addition, six other states that are covered by these same circuit courts will be also affected by this ruling -- because SCOTUS' refusal to hear these appeals means that those appellate court decisions are now the law in those jurisdictions.

Presumably, as I understand it at this point, any case already in the courts in these states, or that now is brought, in these circuits will be bound by these same appellate rulings.  This means that marriage equality is only one extra step away for the following states:  North Carolina, South Carolina, and West Virginia in the 4th;  Indiana in the 7th;   and Colorado, Kansas, and Wyoming in the 10th.

All of this means that same-sex marriage will now be legal in 30 states and the District of Columbia -- and that includes about 60% of the U. S. population

Think about it:   Gay marriage in Utah and Oklahoma and Indiana.  Ennis and Jack of Brokeback Mountain could now get married in Wyoming.

Ralph

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