Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

BREAKING — SCOTUS denies same-sex marriage appeals
The Volokh Conspiracy ^ | Jonathan H. Adler

Posted on 10/06/2014 10:22:33 AM PDT by right-wing agnostic

The Supreme Court was asked to consider petitions for certiorari in seven separate cases challenging state laws barring legal recognition of same-sex marriage. On Monday morning, SCOTUSBlog reported, the Supreme Court denied all seven petitions.

Most commentators have assumed the Supreme Court would take one or more of these cases and (perhaps) conclusively determine whether the federal Constitution bars states from refusing to recognize same-sex marriages under state law. Yet all seven cases below had come out the same way. In all seven, lower courts struck down the challenged state laws, so there was no circuit split.

Given the lack of a split, I do not think it is at all surprising that the court denied these petitions. (Indeed, coincidentally, I was planning on writing a post raising doubts about when and whether the court would take on a same-sex marriage case.) There are several more cases pending in lower courts, including some in which there are reasons to suspect the states will prevail. If so, the court will have a split to resolve, making a grant a sure thing. If not, and same-sex marriage advocates run the table, the court can avoid resolving the issue.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Society
KEYWORDS: samesexmarriage; ussupremecourt
I fear that this is only a reprieve before the U.S. Supreme Court shoves same-sex marriage down Americans' throats./rwa
1 posted on 10/06/2014 10:22:33 AM PDT by right-wing agnostic
[ Post Reply | Private Reply | View Replies]

To: right-wing agnostic
From the Article:
The Supreme Court was asked to consider petitions for certiorari in seven separate cases challenging state laws barring legal recognition of same-sex marriage. On Monday morning, SCOTUSBlog reported, the Supreme Court denied all seven petitions.

I fear that this is only a reprieve before the U.S. Supreme Court shoves same-sex marriage down Americans' throats.

They don't have to do something that would be so politically controversial — all they have to do is deny standing to anybody bringing the issue up and allow the inferior federal courts to continue to decree that states cannot define marriage.

2 posted on 10/06/2014 10:25:08 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OneWingedShark

Marriage is a States Rights issue. SCOTUS made the correct ruling with that in mind.


3 posted on 10/06/2014 10:28:12 AM PDT by UB355 (Slower traffic keep right)
[ Post Reply | Private Reply | To 2 | View Replies]

To: right-wing agnostic

I think they already have shoved it down our throats. SCOTUS’s previous ruling is what these courts are using to overturn state law and state constitutions. If the lower court judges follow the SCOTUS precedents, they have little choice but to overturn state laws.


4 posted on 10/06/2014 10:29:27 AM PDT by DannyTN
[ Post Reply | Private Reply | To 1 | View Replies]

To: right-wing agnostic

did anyone expect SCOTUS to do something?


5 posted on 10/06/2014 10:30:11 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Now is the time for states to start ignoring edicts from federal judges and beuaracracy.


6 posted on 10/06/2014 10:30:18 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: UB355

With that in mind, why are FEDERAL judges imposing it?


7 posted on 10/06/2014 10:30:55 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 3 | View Replies]

To: right-wing agnostic

>>I fear that this is only a reprieve before the U.S. Supreme Court shoves same-sex marriage down Americans’ throats.<<

I fear you are correct. Next up: polygamy, polyandry, pedophilia and maybe bestiality.

Because every single “argument” for gay “marriage” applies to these equally.


8 posted on 10/06/2014 10:37:01 AM PDT by freedumb2003 (Zimmerman, Brown, Fast & Furious, IRS harassment, Philly ignorance: holdering in 1st degree)
[ Post Reply | Private Reply | To 1 | View Replies]

To: UB355

SCOTUS did not make a ruling on this. But even though this issue is indeed a state rights issue, it WAS NECESSARY for SCOTUS to hear this BECAUSE FEDERAL COURTS BROUGHT IT.


9 posted on 10/06/2014 10:44:45 AM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 3 | View Replies]

To: UB355

Yes but homosexual unions are being forced on states because they supposedly are compelled by federal law and the Supreme Court’s prior decision on DOMA.


10 posted on 10/06/2014 10:48:44 AM PDT by kaehurowing
[ Post Reply | Private Reply | To 3 | View Replies]

To: UB355
-- Marriage is a States Rights issue. SCOTUS made the correct ruling with that in mind. --

SCOTUS declined to intervene where federal courts made a federal issue of it. The result of the decision to deny cert is that several states were denied the right/power to make state law forbidding recognition of homosexual marriage, because state law would run afoul of the (federal) constitutional right to homosexual marriage.

11 posted on 10/06/2014 10:49:03 AM PDT by Cboldt
[ Post Reply | Private Reply | To 3 | View Replies]

To: Turbo Pig

“Now is the time for states to start ignoring edicts from federal judges and beuaracracy.”

Perhaps, but it isn’t happening. Of the 5 states immediately impacted by this ruling, all 5 have indicated they will immediately comply.


12 posted on 10/06/2014 10:51:30 AM PDT by GIdget2004
[ Post Reply | Private Reply | To 6 | View Replies]

To: right-wing agnostic

Disgusting lowlife scumbags.


13 posted on 10/06/2014 1:43:34 PM PDT by afsnco
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson