The U.S. Supreme Court on Oct. 6 denied review of all petitions for writ of certiorari in the cases currently before it that regarded the question of marriage equality.
The decision, which will surely surprise legal observers who expected the Court to take up the matter this term, has far-reaching impact, bringing marriage equality to five states and potentially opening the door for it in six others.
The rejection applied to seven cases that had been spread across five states: Indiana, Wisconsin, Utah, Oklahoma and Virginia. Appellate courts for those states had all rejected gay marriage bans in those places, and those decisions remain intact. But the appellate court rulings can also be applied to other states in their jurisdictions, including West Virginia, Wyoming, Colorado, Kansas, North Carolina and South Carolina.
With the bans lifted in these 11 states, 30 states and the District of Columbia would recognize gay marriage.
Legal experts had largely assumed that the Court would this term hear one of the myriad appeals filed after lower court rulings overturned marriage bans across the country. But the rejections, made without comment, for the moment leave the matter in state hands.
In a statement released by American Foundation for Equal Rights (AFER), chief sponsors of the Bostic v. Schaefer, which challenged Virginia's marriage ban, Plaintiff Tim Bostic said, "What a great day to be a Virginian, and a great day to be an American. Today, we have made history in the South, and I can't wait for the day that all of our fellow Americans feel the same way and have the same rights that we do today."
"This is a momentous victory for the constitutional promise of equality, dignity and justice for all Americans," said Theodore B. Olson of Gibson Dunn & Crutcher LLP, plaintiff's lead co-counsel for Bostic v. Schaefer. "Today, I am proud to call myself a Virginian. With the Commonwealth's discriminatory marriage ban finally and conclusively struck down, we are one giant step closer to the day that all Americans, not just Virginians, can enjoy their right to marriage equality under the law."
With the Supreme Court rejection, Virginia becomes the first state in the South to have gay marriage.
In Wisconsin, Dane County Clerk Dane County Clerk Scott McDonell, told Milwaukee Journal-Sentinel that his office was ready to start issuing licenses to same-sex couples: "We're a go here. If someone walked in here right now, I'd issue one."
"Full equality is here to stay in Wisconsin," added U.S. Rep. Mark Pocan (D-WI), in a statement. "The Supreme Court's rejection of Attorney General Van Hollen's appeal puts an end to a dark chapter in Wisconsin's history where many are treated as second-class citizens simply based on who they choose to love. Today's ruling reaffirms we are all equal under the law."
No other gay marriage-related cases are currently before the U.S. Supreme Court. Appellate courts in San Francisco and Cincinnati have decisions pending on gay marriage bans across a number of states, however. The Ninth Circuit Court of Appeals in San Francisco heard arguments pertaining to bans in Idaho and Nevada, while the Sixth Circuit Court of Appeals in Cincinnati heard cases addressing bans in Ohio, Michigan, Kentucky and Tennessee.
ACLU COMMENTS:
"This is a watershed moment for the entire country. We are one big step closer to the day when all same-sex couples will have the freedom to marry regardless of where they live. The time has come and the country is ready," said James Esseks, Director of the ACLU Lesbian Gay Bisexual and Transgender Project. "This is life-saving news for same-sex couples all across the country. Marriage helps families deal with times of crisis, and the Supreme Court's action today means more loving and committed couples will have access to the protections that marriage provides."
The ACLU was co-counsel in five of the seven petitions that were denied today, in cases from Indiana, Virginia, and Wisconsin.
LAMBDA STATEMENT:
Jon W. Davidson, Legal Director and Eden/Rushing Chair, Lambda Legal issued the following statement:
"This means victory in five more states including in Lambda Legal's Indiana and Virginia cases where the stays have expired immediately and couples can begin marrying. This is historic - the Supreme Court has chosen not to stand in the way of love.
"This also means that the other courts with pending cases in the Fourth, Seventh, and 10th Circuits should quickly issues orders allowing same-sex couples to marry there, as they are bound by the rulings of those federal courts of appeal. That means same-sex couples in Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming who want to marry should be able to soon start to plan their weddings as well.
"Now we need a national solution so that, no matter where they live, same-sex couples can have access to the dignity and respect that only marriage can provide. Lambda Legal will continue to represent couples across the country - including in Arizona, Georgia, Louisiana, Nevada, North Dakota, Puerto Rico, Texas, and West Virginia, where we have cases pending - as we fight for them and all other couples in the country to share the freedom to marry soon.
"Lambda Legal will provide more information as we continue to process today's developments."
Related story at the link: www.windycitymediagroup.com/lgbt/Supreme-Court-lets-stand-marriage-in-5-states/49183.html .
