The Supreme Court Pussies Out, But At Least In Our Favor

The Supreme Court on Monday rejected appeals from five cases challenging gay marriage bans in Indiana, Oklahoma, Utah, Virginia and Wisconsin.

The decision not to hear the cases means lower court rulings will stand and gay couples will be allowed to marry in those states. The court's order also affects couples in six other states. Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming are bound by the appellate court rulings the high court refused to hear.

The move increases the number of states where gay couples can marry from 19 to 30, in addition to the District of Columbia.

While the court did not comment on its actions, CNN legal corresponded Jeffrey Toobin said he believes the justices decided against review because appellate courts that have ruled on the issue are in agreement.

“Apparently they feel like the issue is developing at an appropriate way in the lower courts. At the moment there is no conflict among the lower courts. All circuit courts that have addressed this issue have found that there is a constitutional right to same-sex marriage, so the justices don't feel like they need to solve a dispute among the circuit courts at this point,” Toobin said.

The Sixth Circuit, which is considering bans in Kentucky, Michigan, Ohio and Tennessee, and the Ninth Circuit, which is considering bans in Nevada, Hawaii and Idaho, could issue rulings at any time. A 3-judge panel from the Sixth Circuit has signaled it might rule in favor of state bans.

Gay rights groups renewed calls for the Supreme Court to take up the issue.

“We are one country, with one Constitution, and the Court’s delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places,” said Evan Wolfson, president of Freedom to Marry. “As waves of freedom to marry litigation continue to surge, we will continue to press the urgency and make the case that America – all of America – is ready for the freedom to marry, and the Supreme Court should finish the job.”

Chad Griffin, president of the Human Rights Campaign (HRC), the nation's largest LGBT rights advocate, echoed a similar sentiment: “Let me be clear, the complex and discriminatory patchwork of marriage laws that was prolonged today by the Supreme Court is unsustainable. The only acceptable solution is nationwide marriage equality and we recommit to ourselves to securing that ultimate victory as soon as possible.”

Called this one last week.

There's still the 6th Circuit case that could throw a monkey wrench into the works, but if they go the same route as all the other courts, then this will be a done deal and done fairly quickly in all 50 states.