What does it mean that the Supreme
Court has allowed gay couples in several states to marry, and is
expected to do the same in Florida, before it has heard a case on the
issue?
Aaron Bruhl and many other legal
experts believe it's a signal of how the high court will ultimately
decide the issue.
A judge's ruling striking down
Florida's gay marriage ban expires on January 5. The state's request
to delay implementation of the ruling as it pursues an appeal was
denied.
While hurdles remain – Florida
officials argue that the ruling only applies to one county –
the Supreme Court's move is its boldest yet. It is the first case in
which it is allowing a decision to take effect before an appeals
court has weighed in. (Though it should be noted that an appeals
court also refused to delay implementation.)
Bruhl, an associate professor of law at
the University of Houston, earlier this week told The New York
Times that by allowing gay couples to marry in numerous states
before it has considered the issue, the justices have sent a message.
“It's hard to imagine that now, after
allowing that to happen, that the court would say there is no right
to same-sex marriage,” he
said. “I think the court has, in a way, tipped its hand on
what the final outcome would be.”
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