What Does the Supreme Court Punting on Same-Sex Marriage Mean For Texas?

[TexasTowelie]

It’s a big day for supporters of same-sex marriage. The U.S. Supreme Court has refused to take up the issue this year, which means same-sex marriages can continue in five states that currently ban the practice.

But where does that leave Texas?

The U.S. Supreme Court’s decision against weighing in on same-sex marriage means it will soon be legal in 30 states and the District of Columbia.

But, in Texas, the marriages will not be allowed. A federal district judge ruled earlier this year that the Texas constitutional amendment defining marriage as between one man and one woman relegates same-sex couples to second-class citizenship. But the judge also allowed the ban on same-sex marriages to continue while the case winds through the appeals process.

Read more: http://kut.org/post/what-does-supreme-court-punting-same-sex-marriage-mean-texas

[Gothmog]

1. The 5th Cir. is a very conservative court

The SCOTUS may be waiting to have a circuit court rule in favor of the ban on gay marriage

[Rstrstx]

2. A legal question

Now that the SCOTUS has declined to hear the other cases, does the judge have the authority to lift their own stay they imposed?

On a side note, even as conservative as the 5th circuit is, it probably isn't lost on them that the SCOTUS turned down the appeals of other circuit decisions. To me that sends a pretty good indicator as to how the SCOTUS may rule on such a case, which may make the 5th think twice about rocking the boat. But it looks like they WILL have to make some ruling ever since the Louisiana judge ruled the ban was ok after the Texas judge ruled against it.