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SCOTUS: Declines taking up 7 marriage equality cases before them.


Zach Caldwell

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The Supreme Court has decided to not take up any of the 7 marriage equality cases that were before them. For some this is great news and for others it is the court being cowards. Either way, the result is that now 30 states have marriage equality. Do you think this will delay equality in all states for several more years or will the remaining states fall in line on their own? Please share your thoughts and comments on today's decision.

 

http://www.cnn.com/2014/10/06/politics/scotus-same-sex-marriage/index.html?hpt=hp_t2

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The Supreme Court has decided to not take up any of the 7 marriage equality cases that were before them. For some this is great news and for others it is the court being cowards.

 

Oh, there is a lot more to it than just that. As a long time watcher of the Supreme Court, albeit for other reasons, I will say that the Court is actually doing its job.

 

Whenever there is a question of civil rights, the Court will allow the question to "percolate" within the circuits. Should the lower Courts of Appeal reach a consensus, then there is most likely nothing the Court will do. Unless of course, 5 Justices feel the lower courts are just plain wrong.

 

Currently, the 10th Circuit (CCA10 - Circuit Court of Appeals 10), CCA7, CCA6, CCA5 and CCA4 have all agreed. More recently, the CCA 9 has also ruled in favor of the Equal Protection clause of the 14th amendment. It shot down an Idaho Constitutional Amendment (this is still in litigation, so it's not yet set in stone).

 

Now add to this mix, that several State High Court analogs have also stated that gays have the same (marriage) rights as heterosexuals, and we might be seeing that the Court will simply not have to get involved.

 

Just as I have long watched what the Courts are doing with Second Amendment rights, we are seeing the same exact thing play out with gay rights, as it relates to marriage. The issue is much more diverse (in the legal sense) than first glance would indicate.

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