The Supreme Court cleared the way Monday for an immediate expansion of same-sex marriage by unexpectedly and tersely turning away appeals from five states seeking to prohibit gay and lesbian unions. The court’s order effectively makes gay marriage legal now in 30 states.
Without comment, the justices brought to an end delays in same-sex marriages in five states- Indiana, Oklahoma, Utah, Virginia and Wisconsin…
Couples in six other states – Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming – should be able to get married in short order. Those states would be bound by the same appellate rulings that were put on hold pending the Supreme Court’s review.
Evan Wolfson, president of Freedom to Marry, called on the high court to “finish the job.” Wolfson said 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.”
Ed Whelan of the Ethics and Public Policy Center, an opponent of same-sex marriage, said blah, blah, blah!
James Esseks of the American Civil Liberties Union said he believes the court will quickly take up a case if an appeals court upholds state bans.
It takes just four of the nine justices to vote to hear a case, but it takes a majority of at least five for an eventual ruling. Monday’s opaque order did not indicate how the justices voted on whether to hear the appeals.
Most important, the SCOTUS non-ruling lets all the Circuit rulings overturning homophobic state law stand – and extends it automatically to the other states within each circuit. Otherwise, the Supreme Court is as adept as Congress or the White House at avoiding the demonstration of leadership on any critical question.
We are an obedient nation led by cowards.