In a surprise move, the nation’s top court this week declined to review any of the marriage-equality appeals before it — likely bringing marriage equality to 11 more states.
The Supreme Court declined to hear appeals on lower-court rulings that overturned five state marriage-equality bans — in Virginia, Oklahoma, Utah, Wisconsin and Indiana — and marriage licenses in some of the states began being issued Monday.
The move made marriage equality legal in 24 states and Washington, D.C.
The cases before SCOTUS included findings from the other three appellate courts that found marriage-equality bans unconstitutional — Fourth, Seventh and Tenth Circuit Courts — meaning that the decision to let them stand will also likely extend marriage equality to an additional six states in those circuits — North and South Carolina, West Virginia, Kansas, Colorado and Wyoming. Summary judgment will be needed in each of those states before marriages take place.
And, on Tuesday, the Ninth Circuit Court struck down marriage bans in Idaho and Nevada, becoming the fourth federal appellate court to do so. By late Tuesday afternoon, tourism officials in Las Vegas were already promoting the town as an LGBT wedding destination. But, the following day Supreme Justice Anthony Kennedy issued a stay that delayed marriage equality in both states, as Idaho plans to appeal.
Depending on how it plays out, the ruling could also bring marriage equality shortly to the other states in the Ninth Circuit: Montana, Alaska and Arizona.
Once all is said and done, Monday and Tuesday’s decisions will likely up the number of marriage-equality states to 35.
The SCOTUS move came among speculation over whether the court would finally weigh in on whether same-sex couples have a fundamental right to marriage, which could bring marriage equality to the entire nation. While the court did not take up that question at this time, many pundits expect the justices will consider another marriage-equality case in the coming year or two.
“We need a national solution so that, no matter where they live, same-sex couples can have access to the dignity and respect that only marriage can provide,” said Jon W. Davison, legal director for Lambda Legal, which spearheaded the Virginia and Indiana cases.
Human Rights Campaign president Chad Griffin said the SCOTUS decision could have an even-wider impact than in the 11 affected states.
“There is no reason under the sun for federal courts not to fast-track all pending marriage cases,” Griffin said. “Every argument has been made, every legal dispute has been heard, time and time again — the only thing left is the continued suffering of committed and loving gay and lesbian couples from Mississippi to Montana who are still waiting for justice. They cannot wait any more, and they shouldn’t have to.”
James Esseks, director of the American Civil Liberties Union LGBT Project, called Monday a “watershed moment for the entire country.”
“We are one big step closer to the day when all same-sex couples will have the freedom to marry regardless of where they live,” Esseks said. “The time has come and the country is ready.”
