On Monday, the Supreme Court declined to hear cases regarding same-sex marriage. This was a really, really big deal. Why? The court said they wouldn’t decide on a case, so nothing should happen right? That’s why it’s a big deal, though. By not ruling on a case, the Supreme Court is letting the decision of each Circuit Court of Appeals stand. They are essentially deferring to the rulings of a lower court. The rulings of Circuit Courts of Appeals apply to that “circuit” or area. This can be several states or just one state. So, the Supreme Court said, “We don’t want to rule on the constitutionality of banning gay marriage, leave us alone and go listen to your circuit court”. Specifically, the cases concerned rulings made by the 4th, 7th, and 10th Circuits (MSNBC). Thankfully, for gay-rights activists, many of these rulings stated gay marriage was legal, and should be allowed in the states. The Supreme Court’s decision allowed for gay marriages to begin immediately in Indiana, Oklahoma, Utah, Virginia and Wisconsin. These were states where Circuit Courts of Appeal had ruled gay marriage legal in the state, and the state had brought the appeal to the Supreme Court. The states were hoping the Supreme Court would overturn the ruling, making it illegal in the state. However, there is no Supreme Court ruling, so the law defers to the ruling of the Appeals Court, making gay marriage legal.
Six states, Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming, can now decide to legalize gay marriage or to continue fighting for bans in court. This is where it gets kind of confusing, at least for me. This explanation from Slate is one I found particularly helpful:
“Among the states in the 4th Circuit, North Carolina, South Carolina, and West Virginia do not yet allow gay marriage. Among the states in the 10th Circuit, Kansas, Wyoming, and Colorado do not yet allow gay marriage. But the law of the 4th and 10th circuits states that gay marriage bans violate the Constitution. Lower court judges in Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming, then, are now legally obliged to strike down their states’ gay marriage bans.”
In theses states the bans on gay marriage have been ruled unconstitutional, and the final appeal, the Supreme Court, has not overturned that ruling, so it stands. This means the states have to remove their bans. Then, the court cases currently pending in those states to fight for the right for gay-marriage will, one can assume, be ruled in favor of those who wish to marry. This means gay marriage will soon be legal in those states. Here we see the far-reaching effects of the Supreme Court’s decision, as the states next choice to fight making gay marriage legal is to appeal to the Supreme Court, which apparently does not want to hear the cases. In fact, Colorado decided to immediately begin issuing marriage licenses to gay couples. Also, federal appeals courts ruled the gay marriage bans in Idaho and Nevada unconstitutional on Tuesday. The states could appeal to the Supreme Court, but the Court does not seem to be likely to take the case. So, basically, the Supreme Court said it would not rule on cases regarding the legality of gay marriage, making gay marriage legal in many states.
Some people argue that the Supreme Court is dodging their job by not hearing the cases. Four justices must vote to hear a case, and there are four conservative justices on the Supreme Court, who it was thought, would vote to hear the case. It is very odd that the court chose not to hear the cases, as it was unanticipated. Gay rights activists are very happy with this decision though, as it made same-sex marriage legal in many places, and paved the way for legality in several other states.
I found this news very, very exciting. I fully support gay marriage and the right for anyone to marry who they choose. It makes me so happy to see progress being made little by little. With the fall of DOMA and same sex marriage being made legal in Pennsylvania earlier this year, the goal of equal rights marriage rights for gay people seems closer and closer each day. I do find it odd that the Supreme Court chose to not hear the cases regarding gay marriage, but it seems to have been an effective move in increasing the legality of it across the US, while leaving it a decision to be made by the states. The Supreme Court decision has had a very widespread effect on the state of marriage equality in the US, the country is “on track to see marriage equality in 32 states, plus the District of Columbia, up from 19 last week” (MSNBC). I think it is just too cool to see the legislative process in action and see real change being made from within the political system.
What do you think, should the Supreme Court have ruled on the cases? Was it a good decision for them to let the lower court rulings stand? Does anyone else find this as weirdly complicated as I do?
Sources:
http://www.msnbc.com/rachel-maddow-show/yet-another-appeals-court-backs-marriage-equality
http://www.msnbc.com/msnbc/supreme-court-denies-marriage-equality-cases
http://www.politico.com/story/2014/10/gay-marriage-supreme-court-111626.html
http://www.slate.com/blogs/outward/2014/10/06/the_supreme_court_actually_just_allowed_gay_marriage_in_eleven_11_states.html