It’s always nice to see another marriage ban bite the dust. In the most recent case, it’s Colorado’s ban, which federal Judge Raymond Moore ruled unconstitutional. Moore’s decision continues the unbroken streak of victories for marriage equality, building on a recent string of successes in Indiana, Oklahoma and Wisconsin. We’ve reached the who’d-have-thought reality where courts are falling all over themselves to let us get hitched.
All of which is great, of course. But as nice as it is to keep racking up successes, we’ve reached the point where only one court matters now: the Supreme Court.
It’s pretty clear that federal courts are following exactly the path that Justice Antonin Scalia gloomily predicted.(And let’s give him credit he’ll hate to get: his dissent in the Windsor case has helped our cause.)
But it’s also clear that the federal courts are starting to recognize that they are just a way station for the cases before them. The final destination is the Supreme Court. That’s why judges are now commonly issuing a stay so that their decision can be appealed without any marriages taking place. (That’s what happened in Colorado.)
So, yes, great news for Colorado. No doubt other states will see similar successes. But now the focus is on the end game: the final verdict from the Supreme Court. That’s not likely to happen until June 2015. Until then, we’re just marking time, even if it’s in a good way.