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Supreme Court declines to review same-sex marriage cases Supreme Court declines to review same-sex marriage cases
(34 minutes later)
The Supreme Court decided not to review same-sex marriage victories in Virginia and four other states, meaning marriages can take place there. The Supreme Court decided not to review rulings that cleared the way for same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin on Monday, meaning marriages can take place there immediately.
The court’s decision came without explanation and puts off a decision about gay marriage nationally. The court’s decision came without explanation and puts off a decision about the constitutionality of gay marriage that would apply to all 50 states.
The court decided not to review decisions that struck down prohibitions on same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin. Marriages had been on hold in those places pending the disposition of those cases. Marriages had been on hold in the five states pending the court’s review of appeals court decisions that struck down prohibitions on same-sex marriage.
But the decision will likely expand same-sex marriages to other states covered by the federal appeals courts that already have ruled that the bans are unconstitutional, including Colorado, Wyoming, Kansas, West Virginia, North Carolina and South Carolina. That would bring to 30 the number of states where gays can marry.
In other states where there has been no federal ruling yet, the legality of gay marriage is still unclear.
It was a surprising move by the court. Even though no appeals court had ruled that state prohibitions were constitutional--and such disagreements between circuits usually are precursors to Supreme Court review--most thought the court would not let such a significant change happen without their input.
The court in June 2013 struck down part of the Defense of Marriage Act, which denied federal recognition of same-sex marriages performed in states where it was legal. Although that decision did not touch on whether state bans were unconstitutional, a long line of federal court decisions have ruled since then that the reasoning of the opinion written by Justice Anthony M. Kennedy meant that was likely.
The decision announced Monday not to accept the cases puts off a final word from the Supreme Court on that question.