Marriage equality just won a HUGE battle!!!!

[Virge]

Breaking news!!!!!!!!!!!!!!!!!!!!!!!

The supreme court WILL NOT hear the pending cases of State laws against gay marriage being struck down by lower courts.

http://www.bilerico.com/2014/10/breaking...e_case.php

[deepu69]

Congratulations..
Hope India will also legalize same sex partnership..

[palbert]

Stunning!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[CuriousPhoenix]

That makes 30 states and the District of Columbia that allow Gay Marriage.

[meridannight]

i don't know what 4th, 7th, and 10th circuits mean. why are the states divided into ''circuits''?

and what does it mean the Court doesn't want to get involved in marriage equality until there's a 'circuit split'? what the hell is circuit split?

and do i understand it correct that the Court didn't rule in favor of gay marriage in those states that filed the petitions, but actually refused to take a stand at all? how is this a victory?

Together, the petitions raise two constitutional questions: do states have power to refuse to allow same-sex couples to marry, and do states have power to refuse to recognize same-sex marriages performed in other states.

this is confusing. if this is what the petitions were about, how does denying these petitions review in the Supreme Court rule in favor of gay marriage? shouldn't the court make a decision one way or the other?

[East]

I am shocked...never expected this turn of events.....

[palbert]

@meridiannight

I will to simplify what is a very complicated legal situation.

The country is divided into various appeals circuits, generally for ease of court operations and administration of justice, , as follows:



Each circuit court is the appellate court for the states in its circuit. The decisions of an appellate court are decisive and binding for the states in that circuit. The decisions of a circuit court have no binding impact on the decisions in another circuit: a decision may be adopted or ignored or held to be just plain wrong.

In the cases lately before the Supreme Court the three circuits all agreed on what the law was. As no circuit court has found in favor of the marriage ban there is no conflict between the circuits.

If one of the remaining circuits upholds a states marriage ban there will be a circuit conflict and the Supreme Court will most likely step in and reconcile the issue.

In brief, we are waiting to see if it is necessary for the Supreme Court to act. While highly unlikely (approaching impossibility), the Supreme Court could still decide that marriage bans are valid.

Sooner or later, an appeals court may uphold a state ban, and the Supreme Court may then feel required to step in. But it may find it difficult to tell thousands of newly married same-sex couples that their marriages are invalid.

http://www.nytimes.com/2014/10/07/us/den...v=top-news

I hope other posters do not find too much fault with this summary.

[LJay]

Also, meridiannight, by refusing to rule on the appeals from the circuits to the Supreme Court, the Supreme Court is allowing their decisions to stand and remain binding in their areas. In other words, it is allowing the circuits to say that gay marriage is permissible in their areas of jurisdiction.

The Supreme Court usually does not step in and make a ruling unless there is a conflict. In the case of these circuits there is no conflict. If the sixth circuit, which has gay marriage cases in front of it presently, rules that gay marriage is not permissible there will then be a conflict and the Supreme Court may decide to make a ruling.

[Miles]

Holy shit.

[dynamodean]

This is surprisingly excellent news!