Back in June, I argued that there may never be a need for the Supreme Court to take a marriage equality case.
We have marriage rights in Washington, Oregon, California, New Mexico, Minnesota, Illinois, Iowa, Maryland, Delaware, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont, Maine, Utah, Oklahoma, Wisconsin, Indiana, Virginia, and the District of Columbia. The Ninth Circuit just declared the bans on marriage equality in Idaho and Nevada unconstitutional. Both states will have to comply in short order. Since there is no reason to stay those cases given the Supreme Court’s recent denials of review, we will soon have marriage equality in at least 32 states!
The Supreme Court has denied review in cases out of the Fourth, Seventh, and Tenth Circuits. That leaves marriage equality lawsuits on appeal at the Fifth (the Texas case) and Sixth (the Michigan case). Marriage equality is almost a sure bet in, at least, the entire Ninth Circuit now. At some point, the conventional wisdom says, all these cases will lead back to the Supreme Court.
Not necessarily. Looking at the map and our string of marriage equality victories, I wonder whether we will need the Supreme Court at all. A nationwide freedom to marry could be a fait accompli without five justices of the Supreme Court.
Authored By Ari Ezra Waldman – See the Full Story at Towleroad.com
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