The Supreme Court has refused to hear gay marriage cases. That means that the lower court rulings legalizing same sex marriage (in Virginia, Oklahoma, Utah, Wisconsin, and Indiana) will stand. Not only that, since these were circuit court rulings, the other states in the circuits must also abide by the lower court rulings. That legalizes gay marriage in North Carolina, West Virginia, South Carolina, Wyoming, Kansas and Colorado. Then again, the lower court ruling that upheld Louisiana’s law against same-sex marriage also stands.
So opponents of gay marriage are not pleased by the Supreme Court’s ducking of the issue, but neither are supporters, who had hoped that the court would legalize gay marriage nationwide.
From Joseph Backholm, What Does the SCOTUS Decision Mean? – Family Policy Institute of Washington:
In a surprising move announced this morning, the United States Supreme Court refused to hear the appeal of five separate decisions in which judges ruled that Constitutional Amendments defining marriage as a relationship between a man and a woman are unconstitutional.
The Supreme Court did not affirm the lower court decisions, but by virtue of not hearing the appeal, the decisions from Virginia, Oklahoma, Utah, Wisconsin and Indiana will stand.
This decision, however, has implications beyond those five states.
The federal court system is broken up into 11 circuits. A decision from one state will apply to all states in that circuit. Therefore, by allowing the decisions from these states to stand the Supreme Court has effectively struck down marriage laws in North Carolina, West Virginia, South Carolina, Wyoming, Kansas and Colorado as well.
As a result, the number of states now recognizing same-sex “marriage” could be as high as thirty.
While proponents of natural marriage are disappointed because it redefines marriage in other states, proponents of redefining marriage had hoped the Supreme Court would take up the issue and rule in their favor.
No one is entirely pleased.
Still, the decision is surprising because the Supreme Court had previously granted a stay (delay in implementation of the ruling) of the lower court decision pending a final outcome.
It is unusual for the Supreme Court to grant a stay but then refuse to hear the appeal.
Regardless, by refusing to hear the appeal, the stay will expire and marriage to be redefined by default.
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