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HURRY UP & WAIT

Supreme Court Takes No Action On Marriage-Equality Cases

The Supreme Court, which was scheduled to release orders today, has not taken any action on the marriage-equality cases before it, including an appeal of the Prop 8 case and numerous suits bringing the legality of DOMA into question.

None of the petitions were denied, though—which means the justices will have the opportunity to take action on one of more of the cases  when they reconvene on Friday.

And the wait continues.

By:           Dan Avery
On:           Dec 3, 2012
Tagged: , ,
  • 15 Comments
    • Dumdum
      Dumdum

      Don’t hold your breath girls.

      Dec 3, 2012 at 10:00 am · @ReplyReply to this comment ·
    • Caleb in SC
      Caleb in SC

      In all likelihood, the Justices will not choose to take any of these cases on certiorari. Justice Ginsberg indicated that the issues with Roe v. Wade could have been largely avoided had the Court not chosen to address the issue when it did, which is not necessarily a bad thing. Judicial restraint is preferable to misguided judicial activism.

      Dec 3, 2012 at 2:12 pm · @ReplyReply to this comment ·
    • jwrappaport
      jwrappaport

      Eh, I’m hopeful. The Prop 8 ruling was sufficiently narrow that I think Kennedy would end up being in a 5-4 majority to uphold it. (And if they decide not to grant review, then Prop 8 disappears.)

      Regarding the DOMA cases, they will act. Two Federal Circuits have found a duly passed federal law unconstitutional – not a small matter that the Court will ignore. The interesting questions are which of the cases they will review and how they will frame the issue.

      Dec 3, 2012 at 2:14 pm · @ReplyReply to this comment ·
    • bystander
      bystander

      Its very likely the court will take these cases. They almost have to take the doma cases in order to resolve the conflict between circuits, and even if a majority of the justices would prefer to leave the prop 8 case to the 9th circuit it only take 4 justices to grant cert and the conservative wing won’t let that ruling stand without a fight.

      Dec 3, 2012 at 3:01 pm · @ReplyReply to this comment ·
    • Atomicrob
      Atomicrob

      I would love it if they let the lower ruling stand . . .

      Dec 3, 2012 at 4:37 pm · @ReplyReply to this comment ·
    • Matt1961
      Matt1961

      @jwrappaport:

      I agree with this, As I believe this is how the court will ultimately attack this issue. I have faith in our court to do the right thing.

      Dec 3, 2012 at 4:46 pm · @ReplyReply to this comment ·
    • ptcruiser13
      ptcruiser13

      Call Me An Optimist But… It’s Only A Matter Of Time Before The US Catches Up With The Rest of The Civilized World… The Supreme Court should be encouraged by all facets of government , and the people who elect their politicians, to put this matter to rest. This is not a religious issue, it is a human rights issue. One cannot continue to endorse – or appear to endorse, discrimination of any kind in a country who champions freedom. Same-sex marriage has been the norm in Canada for the better part of a decade. Marriage equality is exactly that – an equal right between partners committed to one another and their families. It is a non-issue in Canada, and it surprises me no end how American continues to treat the LGBT community as second class citizens – except when it comes to paying taxes of course. Which leads me to believe, marriage equality is less about equality, and more about equal federal benefits. Ironic isn’t it… American will send their LGBT off to war, kill and be killed, and leave their surviving spouses and children out in the cold. It’s shameful and it’s time – now, the laws of the “home of the free”, change to truly be just that. Why would a nation who prides itself of being the best nation on earth, deny equal rights to so many.

      Dec 3, 2012 at 8:04 pm · @ReplyReply to this comment ·
    • JustinDelRey
      JustinDelRey

      @ptcruiser13: AMEN! Beautifully stated!

      Dec 4, 2012 at 12:43 am · @ReplyReply to this comment ·
    • triryche3
      triryche3

      @ptcruiser13:

      “Why would a nation who prides itself of being the best nation on earth, deny equal rights to so many.”

      Because it’s not an equal right but a “special” right, it’s not “traditional”, we’re a “threat” to something-what exactly I’m not sure. We “chose” to be this way so live with it, we CAN get married-to a woman/man, marriage is for “procreation”-this one is inconsistent so…

      & on & on & on

      We’re supposed to have “separation of church & state” but that doesn’t really come into effect unless the government tries to do something to the church at which time they scream bloody murder, otherwise they love forcing their views on everyone.

      Dec 4, 2012 at 2:39 am · @ReplyReply to this comment ·
    • Dumdum
      Dumdum

      @ptcruiser13:……..You said…..Why would a nation who prides itself of being the best nation on earth, deny equal rights to so many.

      Actually we are not the best. Never were. It’s not the greatest nation in the world, We’re seventh in literacy, 27th in math, 22nd in science, 49th in life expectancy, 178th in infant mortality, third in median household income, No. 4 in labor force, and No. 4 in exports. … What’s that saying? Pride goeth before the fall.

      Dec 4, 2012 at 4:00 am · @ReplyReply to this comment ·
    • Geoff B
      Geoff B

      Honestly, I think the cases the SCOTUS chooses to hear will go in our favor. 4 justices are a lock, 2 probably 3 are a lock to go the other way. This leaves Kennedy and Roberts. Kennedy is a right leaning centrist who gos right with the exception of social issues, like this one. Roberts, while conservative is a strict constitutuionalist who is willing to break ranks when he feeels the Constitution leads him there.. DOMA flies in the face of the Constitution in many ways. I won’t list them all, since I imagine most of you know all of them in your sleep. I wouldn’t bet on him, but it wouldn’t shock me either. Plus all of the rulings in our favor and so specific and dead on, true Constitutuinalists could never shoot them down. I won’t go into the nonsense Scalia and Thomas would spew, but my guess is we win 5-4 if not 6-3.

      Dec 4, 2012 at 4:21 am · @ReplyReply to this comment ·
    • EGO
      EGO

      Very well said. I would like to add that I am a gay male Navy Vet who has been with my partner for 50 years. We have lived in Massachusetts for all but one of the 50 years and we were married in June, 2004 when same sex marriage was legalized. I served my country, I always paid my federal, state, and city taxes and I was not given a tax discount because I do not have equal rights. The Supreme Court should have intelligent qualified judges who understand the logic of equality under our constitution and that this is a civil issue, not a religious one.

      Dec 4, 2012 at 9:38 am · @ReplyReply to this comment ·
    • 1EqualityUSA
      1EqualityUSA

      Justice delayed is justice denied.

      Dec 4, 2012 at 10:45 am · @ReplyReply to this comment ·
    • Dumdum
      Dumdum

      @1EqualityUSA: Well said.@EGO: I live in a red state where Obama got 36 Percent of the vote. As a Gay man I suspect I have no rights. Nor do I ever expect to get them. Benjamin Franklin said. “The optimist is often disappointed, where as the pessimist is pleasantly surprised.”

      Dec 4, 2012 at 11:42 am · @ReplyReply to this comment ·
    • theo.mckinney
      theo.mckinney

      Judge Walker already foretold how there was sure to be one very major snag for the proponents of any of these anti-equality “constitutional” bans, and we saw part of their snag playing out when the Feds couldn’t even HEAR a ban challenge until they could find a proponent of bans with actual court-room recognized Article III standing.

      As far as STR8 antigay proponents will ever be concerned, their lives are 100% UNAFFECTED meaning they have no actual standing to appeal. Even Walker had to give ProtectMArriage special rights …

      But, at the SUPREME COURT level…I’ll bet there are precious few instances where they would create “standing” out of thin air for the ban proponents and that could easily be the royal snag at hand.

      If they stick to PROPER COURTROOM STANDARDS, Flop 8 will die on this ground and only this ground: no standing, so the lower court rulings will stand, (becoming federal marriage right precedent in the 9th circuit…are you listening Nevada? Your LATEST antigay ruling gets gutted instantly upon appeal, bringing equality to AZ within the year…because the proponents ‘won’)

      DOMA, however, can be set aside while the Judicial branch officially orders the legislative branch to “fix” the “law” to make it constitutional, or find someone who’s life will be ruined if Gay couples are treated as equal human beings under American family law…

      That, of course, puts the “Repect for Marriage Act” front and center and the wingnut politicians will once again get gutted by some evil antigay comment, gooing viral…at which point…we win, DOMA dies by legislature which will ironically fast-track the repeal.

      SCOTUS makes no final ruling on marriage equality, but as each ban is challenged, the next ban is surer to tumble. Beliee it or not, the Constitution is notorious for operating exactly this way when it comes to ridding America of irrational “law”-making…

      This marriage ride has been wild and wonderous: every time the antigays THINK they have a clear and dirty win against justice, something guts them, and the good guys with the rainbow, win.

      Dec 4, 2012 at 12:20 pm · @ReplyReply to this comment ·

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