Tuesday, December 09, 2014

The Great Expansion

Because of the huge seismic shockwave, I wanted to wait until the waters had settled and the picture was clearer, which it now is.

On October 6th, 2014, the United States Supreme Court denied review of seven cases from three Appellate Courts (Fourth, Seventh, and Tenth) upholding lower Federal District Courts that had struck down anti gay marriage constitutional amendments in five states (Utah, Oklahoma, Virginia, Indiana, and Wisconsin) under their jurisdictions, thereby letting those judgments stand.

Furthermore, because Appellate Courts judgments apply to all the states in their respective circuits, the list of progressive states didn’t just go up by four but by eleven!!  Although some states more than others were dragged into the club kicking and screaming and not before a flurry of last-minute appeals to the Supreme Court that were quickly rejected.

Following are the new states were gays and lesbians can now legally marry thanks to the Supreme Court “inaction”:

From the Fourth Circuit a warm welcome to:

  • North Carolina
  • South Carolina
  • Virginia
  • West Virginia

From the Seventh Circuit a warm welcome to:

  • Indiana
  • Wisconsin

From the Tenth Circuit a warm welcome to:

  • Colorado
  • Kansas
  • Oklahoma
  • Utah
  • Wyoming

But that’s not all!!  The day after the Supreme Court’s decision, the Ninth Circuit Court of Appeals released its decision in favor of striking down constitutional amendments banning gay marriage in Idaho and Nevada.  Their ruling, as it were, applies to all the states in the circuit, which happens to be the largest in the nation.

Given that the Ninth Circuit had previously determined (the only one to date) that the use of heightened scrutiny is warranted when dealing with litigation involving gay and lesbian minorities, a positive outcome for our side was widely expected, and the Supreme Courts’ decision a day earlier simply made it that much more likely.

So just like that, five more states, again, some more willingly than others…, joined the list of marriage equality:

  • Alaska
  • Arizona
  • Idaho
  • Montana
  • Nevada

We now stand at 35 out of 50 states, plus the District of Columbia, enjoying marriage equality, and while recently the Sixth Circuit Court of Appeal ruled against us, I am more than hopeful that nationwide marriage equality will soon be the law of the land in the land of the free!!

Here’s what the US map looks like right now in regards to marriage equality, courtesy of Freedom to Marry:

image

More here and here.

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