Tuesday, October 07, 2014

A Huge Victory For Equality In The United States


The United States Supreme Court scored a huge victory for equal rights in this country -- and they did it by doing nothing. Yesterday the Supreme Court said it would not hear 5 cases from three different appeals courts -- the 4th Circuit Court of Appeals (covering Maryland, Virginia, West Virginia, North Carolina, South Carolina), the 7th Circuit Court of Appeals (covering Illinois, Indiana, Wisconsin), and the 10th Circuit Court of Appeals (covering Colorado, Kansas, New Mexico, Utah, Oklahoma, Wyoming).

Those cases were all about lower court decisions that same-sex marriage bans by states were a violation of the U.S. Constitution, and by refusing to hear those appeals the Supreme Court has let stand those lower court decisions. That means that it is now legal for same-sex couples to marry in those states.

I had expected the court to take these cases, because there are definitely some justices that would let their religion override their legal sense (i.e., Justice Antonin Scalia and his lapdog, Clarence Thomas). But the fact that the court rejected those cases shows us pretty clearly that there are at least five justices ready to vote for the unconstitutionality of those state bans on same-sex marriage. That's good news, since there are still appeals pending in other Circuit Courts of Appeal (like the 5th Circuit, which has an appeal from Texas pending before it).

If one of the other Circuit Courts of Appeal decides that the bans are constitutional, then the Supreme Court will have to take the case, but yesterday's rejection will probably stifle any dissenting opinions from appeals courts (or district courts).

This battle has not yet been completely won, but we are nearing the endgame. Same-sex marriage is now legal in 3/5 of all the states -- and hopefully, it will soon be legal in all states. That's a good thing, because it's a victory for the equal rights of all Americans.


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