UT, IN, WI, VA and OK make 25...

[Scooter]

...with WV, NC, SC, KS, CO and WY soon to come:

The United State Supreme Court won't hear any of the seven cases regarding marriage equality in five states, which means lower court decisions ruling in favor of same-sex marriage will stand and could quickly spread to other states in their jurisdiction.

With the court's decision not to hear those cases, bans on same-sex marriage in Utah, Indiana, Wisconsin, Virginia, and Oklahoma are immediately reversed and couples will soon be able to wed.

The Supreme Court also let appellate court rulings from the Fourth, Seventh and Tenth Circuits stand, which means lower court judges in those states must abide by their appeals court process. A round of legal uncertainty could be in the near future for couples in states also within those circuits where the effect of the Supreme Court's decision may quickly spread — West Virginia, North Carolina, South Carolina, Kansas, Colorado and Wyoming.

That's what happened on a smaller scale earlier this year when the Tenth Circuit ruled in favor of marriage equality in Utah. Boulder County Clerk Hillary Hall in Colorado, also part of the Tenth Circuit, decided that gave her clearance to start issuing marriage licenses to same-sex couples. As an elected official sworn to uphold the state and U.S. Constitution, Hall said it was her duty to follow the law and issue marriage licenses to same-sex couples who want them.

For now, 24 states and the District of Columbia extend full marriage rights to same-sex couples.

So from a single state only eleven years ago, marriage equality will have spread to 31 U.S. jurisdictions within a matter of months.

Sorry Neandethals, you lost this battle in the culture war big time.

[Joe Guy]

This dang country is getting gayer by the minute.

Those of you who are concerned about this issue ought to consider moving to a different country so you won't get sexually attacked by a married gay person with adopted children.

It's getting to where there's almost nowhere to hide here in the U.S. of A.

[Lord Jim]

So when will you and Steve be announcing your nuptials?

[Joe Guy]

I have a restraining order against Steve.

He has been court ordered to stay no less than 3000 miles away from me.

[Scooter]

Just be wary of any toothless guy playing a banjo who wants you to squeal like a pig.

[rubato]

By refusing to hear the cases and rule the SC are actually allowing the states which currently oppress homosexuals to continue to do so for longer. A rearguard action in a lost cause.

yrs,
rubato

[Scooter]

I don't think it is the SCOTUS's job to be creating judicial controversy where there is none. In the cases before the Court, all of trial courts struck down the respective bans on same-sex marriage, and all of the appeals courts agreed. In the face of such unanimity, there is no controversy to decide, and to my mind, it could rightly be called judicial activism (a term I otherwise eschew) for the SCOTUS to invent one in order to extend the abolition of same-sex marriage bans to jurisdictions where the appeals courts have not yet had their say. Justice Ginsburg said as much when she referred to an awaited decision from the 6th Circuit, which may break the string of SSM wins at the appeals level, as one which might require the SCOTUS to decide the matter once and for all.

Besides the 6th Circuit, there are cases pending in the 5th and 11th Circuits, including the only federal court ruling against SSM (in LA), which may provide fodder for a SCOTUS case within a year. The wait to full marriage equality will not be long.

[Guinevere]

Yes exactly, what RGB (and Scooter) said.

[BoSoxGal]

I think we should bestow on Scooter an honorary JD, good only for commenting on the law within the jurisdiction of the Plan B Forum.

[Scooter]

Thanks for the props BSG. I attribute my interest in U.S. constitutional law to a childhood of watching episodes of Schoolhouse Rock in between Saturday morning cartoons.

[Scooter]

And in breaking news:

SAN FRANCISCO (AP) -- A federal appeals court on Tuesday struck down gay marriage bans in Idaho and Nevada.

The 9th U.S. Circuit Court of Appeals ruled that gay couples' equal protection rights were violated by the bans

The three-judge panel did not decide on a similar case in Hawaii, which legalized gay marriage in December. Hawaii's governor had asked the court to toss out a lawsuit challenging the state's ban and an appeal to the 9th Circuit filed before Hawaii lawmakers legalized same-sex marriages.

State and federal court judges have been striking down bans at a rapid rate since a landmark U.S. Supreme Court ruling last year. The 9th Circuit ruling comes a day after the Supreme Court effectively legalized gay marriage in 11 more states, for a total of 30, when it rejected a set of appeals.

Given the refusal to hear the previous cases, how likely would it be that a motion to stay pending appeal to the SCOTUS would be denied? And that the SCOTUS will quickly decline to hear this case as well, legalizing SSM in Arizona and Alaska as well?

That would be 34 states plus DC. A pretty good year's work.

[Scooter]

Update - a stay had been granted in the NV and ID cases. The state of Nevada has dropped further appeals, so the stay was lifted there and SSM can go ahead. The state of Idaho is seeking hearing before the full panel of the 9th Circuit (which will fail).

[Long Run]

The state of Nevada has dropped further appeals

Just makes business sense. Not likely to be a magnet for gay marriage divorce if they don't allow same sex marriage!

[Sue U]

I think we should bestow on Scooter an honorary JD, good only for commenting on the law within the jurisdiction of the Plan B Forum.

viewtopic.php?f=4&t=11919&p=147059&hili ... r+#p147059

[BoSoxGal]

I think Vermont is the only jurisdiction that still allows for 'reading the law' in lieu of a JD; I'd be willing to bet he could pass the Bar exam.

In any case, I just wish American citizens were as knowledgable about the system here as our Canadian friend Scooter is!

[Lord Jim]

Now that's a trip down memory lane...

I remember seeing that one when I was a kid in my High School civics class...

(sounds a little like Randy Newman...)

[wesw]

nowadays the only bill that gets any action in the US is named clinton

[Guinevere]

California,Vermont, Virginia, and Washington allow a candidate to read for the bar exam instead of attending law school. NY and Maine require some law school hours.

But it's generally a losing proposition - under 30 percent of the readers actually pass the exam and get admitted to practice (compared to around 75 percent of those w a JD from an accredited law school).