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Old 10-06-2014, 09:22 AM   #1
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Reuters
By Lawrence Hurley


Š REUTERS/Joshua Roberts/Files A woman walks to the Supreme Court in Washington in this June 19, 2014 file photo.
WASHINGTON - The U.S. Supreme Court on Monday declined to decide once and for all whether states can ban gay marriage, a surprise move that will allow gay men and women to marry in five states where same-sex weddings were previously forbidden.
By rejecting appeals in cases involving Virginia, Oklahoma, Utah, Wisconsin and Indiana, the court left intact lower-court rulings that had struck down the bans in those states. But the high court's action means there will be no imminent national ruling on the issue, with litigation in states where gay marriage is still banned likely to continue.
"Any time same-sex couples are extended marriage equality is something to celebrate, and today is a joyous day for thousands of couples across America who will immediately feel the impact of today’s Supreme Court action," Chad Griffin, president of the gay rights group Human Rights Campaign, said in a statement.
Other states under the jurisdiction of appeals courts that have struck down the bans will also be affected by the Supreme Court's decision, meaning the number of states with gay marriage is likely to quickly jump from 19 to 30. The other states would be North Carolina, West Virginia, South Carolina, Wyoming, Kansas and Colorado.
The court could still take a future case, but its move on Monday is likely to send a strong signal to lower court judges that rulings striking down marriage bans are consistent with the U.S. Constitution.
Gay couples in the affected states may seek to get married immediately, with the chance of chaotic scenes in some parts of the country, because the high court's action means that the appeals court's rulings are no longer on hold.
The high court’s decision not to hear the cases was unexpected because most legal experts believed it would want to weigh in on a question of national importance that focuses on whether the U.S. Constitution’s guarantee of equal treatment under the law means gay marriage bans were unlawful.
MESSAGE SENT
The issue could still return to the court, but the message sent by the court in declining to hear the matter would be a boost to gay marriage advocates involved in similar litigation in states that still have bans on the books.
Just over a year ago, the justices ruled 5-4 in June 2013 to strike down a key part of a federal law that had restricted the definition of marriage to heterosexual couples for the purpose of federal government benefits.
That decision in the case U.S. v. Windsor led to a series of court rulings favoring gay marriage in numerous states. In a separate case decided on the same day, the justices sidestepped the broader question of whether state bans violated the U.S. Constitution but allowed gay marriage to move forward in California.
The momentum within America's courts in favor of gay marriage reflects a sea-change in public opinion in the past decade, with polls showing a steady increase in support. Politicians, mostly Democrats but also some notable Republicans, have increasingly voiced their support for ending bans.
It was only as recently as 2004 that Massachusetts became the first state to allow gay marriage following a state court ruling the previous year.
In 17 other states, judges have issued rulings in favor of gay marriage - most of which struck down bans - although the prohibitions have remained intact while litigation continues.
State officials defending their bans counter that the Constitution does not dictate how states should define marriage and that there is no deeply rooted legal tradition that supports a right to gay marriage.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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Old 10-06-2014, 09:29 AM   #2
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Not as good as SCOTUS ruling in favor of marriage equality, but still a great step forward.
Smooches,
Keri
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Old 10-06-2014, 09:52 AM   #3
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Default Supreme Court clears way for gay marriages

Supreme Court clears way for gay marriages
http://www.washingtonpost.com/politi...b8a_story.html

The Supreme Court decided not to review same-sex marriage victories in Virginia and four other states, meaning marriages can take place there. The court?s decision came without explanation and puts off a decision about gay marriage nationally. The court decided not to review decisions that struck down prohibitions on same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin. Marriages had been on hold in those places pending the disposition of those cases.
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Old 10-06-2014, 09:53 AM   #4
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This means that some will be able to marry immediately, and some will still be waiting; i am not surprised that they made this move. This was also the way they handled the question when it came to Californias prop 8, and although eventually they will step in like they did with civil rights for poc, this is probably all we could have expected at this time.

I find it especially heart warming, that since Utah was in such a rush to bring this issue to the SCOTUS in order to hold up same-sex marriage for quite a long time, they will be amoung the 5 that will have to allow marriage immediately. After the interference from the Mormons on prop 8, i find myself almost giddy.
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Old 10-06-2014, 10:00 AM   #5
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Thank you to Keri and Tommi for posting so quickly, i just rolled out of bed! Lol
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Old 10-06-2014, 03:05 PM   #6
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Btw...the 3 districts that had their appeals sent back without review, have a total of 11 states in their circuits which have had their bans overturned. Colorado, north carolina, south carolina, west virgina, Kansas and wyoming are the other 6.

Within a few days there should be a total of 30 states where same-sex marriage will be the law.

More to come!
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Old 10-06-2014, 03:11 PM   #7
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Oklahoma it is now legal to get married!
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Old 10-06-2014, 03:13 PM   #8
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Quote:
Originally Posted by JDeere View Post
Oklahoma it is now legal to get married!
Yes it is!

Congratulations to Oklahoma and all the others where it is now legal to marry those we love!

The fight continues for full equality in all things for all people!
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Old 10-06-2014, 04:12 PM   #9
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Quote:
Originally Posted by MsTinkerbelly View Post
Btw...the 3 districts that had their appeals sent back without review, have a total of 11 states in their circuits which have had their bans overturned. Colorado, north carolina, south carolina, west virgina, Kansas and wyoming are the other 6.
All county clerks in Colorado have been directed to begin and/or continue issuing licenses. Now the hard part is finding time to go wait in line...
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Old 10-07-2014, 03:20 AM   #10
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Does anyone have any idea how this will affect other states (like Florida, where I live) whose bans have been found unconstitutional, but where licenses are not being issued pending appeals?

Since SCOTUS has chosen to let pro marriage equality decisions of lower courts stand, could it not be argued that they concur with these decisions, and therefore ALL appeals should be halted and NATIONAL marriage equality established forthwith? (" forthwith" ... ain't that a great word?)

Love you when you're giddy, Ms. T.

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