Today, the U.S. Supreme Court decided not to review the findings
for the 4th Circuit
of several circuits of the U.S. Court of Appeals on same-sex marriage.
The refusal means the lower court ruling stands in the states in question, making same-sex marriage legal in Indiana, Oklahoma, Utah, Virginia and Wisconsin. But it also indicates that the Supreme Court doesn't intend to intervene in any lower court rulings on same-sex marriage at this point. So that also probably means that Appeals Court rulings in other districts that have made same-sex marriage legal will become final. That includes rulings in the 10th Circuit, which includes Colorado.
In all, the Supreme Court's move will likely mean that same-sex marriage will soon be legal in 30 states. The Washington Post
has a good explanation of the situation here.
The move by the Supreme Court isn't exactly what either side was looking for. Same-sex marriage proponents had hoped the courts would make such marriages legal across the country. Opponents, of course, had hoped for the opposite. The move likely means that the justices do not want to weigh in on the debate until more states have legalized the practice.
All the same, proponents are celebrating today. Check out this release from the Freedom to Marry
Supreme Court Lets Marriage Wins Stand
Decision not to review lower-court victories means number of states with freedom to marry to skyrocket, but still falls short of national resolution
New York – Today the Supreme Court denied review of five cases seeking the freedom to marry, leaving standing marriage victories in several federal circuits and opening the door to the freedom to marry in many more states, while deferring for another day the national resolution that Freedom to Marry, businesses, elected officials, and families across the country had urged now. The Court’s decision not to review the rulings means that soon as many as 60% of the American people will be living in freedom to marry states, with a majority of the states (30) having the freedom to marry for all.
Evan Wolfson, president of Freedom to Marry, released the following statement:
“Today’s decision by the Supreme Court leaves in force five favorable marriage rulings reached in three federal appellate courts, ensuring the freedom to marry for millions more Americans around the country. The Court’s letting stand these victories means that gay couples will soon share in the freedom to marry in 30 states, representing 60% of the American people. But we are one country, with one Constitution, and the Court’s delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places. As waves of freedom to marry litigation continue to surge, we will continue to press the urgency and make the case that America – all of America — is ready for the freedom to marry, and the Supreme Court should finish the job.”
With the Supreme Court’s decision not to review the cases, favorable marriage rulings in the 10th Circuit, the 7th Circuit, and the 4th Circuit will soon go into effect. Marriage bans in every state within those circuits will be invalidated, adding Colorado, Kansas, Oklahoma, Utah, Wyoming, North Carolina, South Carolina, Virginia, West Virginia, Indiana, and Wisconsin to the list of freedom to marry states. As a result of the Court’s decision, an additional 51 million Americans will live in a freedom to marry state.
In total, 41 federal and state courts in the past year have ruled in favor of the freedom to marry for same-sex couples with only one federal and one state ruling going the other way. Five of these marriage wins were before the Supreme Court for possible review.