The Supreme Court has decided it will not hear gay marriage cases advanced from Federal Appeals courts by the states of Utah, Virginia, Oklahoma, Indiana and Wisconsin. This announcement leaves the Circuit Courts' decisions--all of which ruled in favor of gay couples who wanted to marry or wanted to have marriages performed elsewhere recognized by their home states--in place, forcing those states to immediately extend equal marriage rights to same-sex couples.
In Utah, Governor Gary Herbert said he was "disappointed" but that his state would comply with Monday's order. "Regardless of your personal beliefs, please treat each other with respect and with kindness as we transition through this new law." Same-sex marriage licenses were already being issued as he spoke.
Wisconsin began issuing marriage licenses to same-sex couples when their offices opened this morning at 8:00AM; Virginia complied at 1:00PM this afternoon. Indiana began issuing licenses today, but civil ceremonies will not begin until tomorrow to give the court time to set up for what they expect will be a rush. In Oklahoma, County Clerk Tim Rhodes said he would consult with the District Attorney and the District Attorney said he would consult with the Attorney General. While all that consulting was going on, the Oklahoma County Courthouse had already begun issuing same-sex marriage licenses.
The Supreme Court usually prefers to have conflicting decisions presented to them before they sit to resolve an issue. That could still happen in the current session. The Sixth Circuit Court of Appeals located in Cincinnati, Ohio, heard arguments in August and there was some indication that that panel could buck the trend and decide in favor of states who want to continue to deny marriage rights to same-sex couples. If that proves true, then the Supreme Court may decide to take on the issue.
For now, the Supreme Court's decision will have an immediate effect, not just on these five states, but also on other states that have filed cases with the same Circuit Courts. (Logically, it has to be expected that if a Federal Appeals Court decides in favor of same-sex couples for one state, they would also decide for same-sex couples if a different state in its jurisdiction was brought before it.)
This means that an additional 11 states--Utah, Oklahoma, Kansas, Colorado, Wyoming, North Carolina, South Carolina, Virginia, West Virginia, Indiana and Wisconsin--will join the ranks of states where same-sex marriage is legal.
For the first time, states where same-sex marriage is legal will be in the majority: 30 states, plus the District of Columbia.
I like those numbers!
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