General Discussion

MineralMan

(150,954 posts)

10. I wouldn't expect any ruling.

Mon Oct 6, 2014, 12:29 PM

Oct 2014

The SCOTUS is going to reject any appeals where marriage equality is established by a district appeals court. The only cases that may be heard would be ones where a district appeals court leaves anti-marriage laws standing. The appeals courts are going to see this decision not to hear the appeals as clear precedent. No appeals court is going to want to challenge this. I expect failure of the appeals in the other districts and marriage equality to quickly spread.

I believe this battle is all but over. The next thing will be to apply full faith and credit and require states to also recognize all marriage from other states to be valid. I don't know if any such cases are already in the federal system, but I imagine some are. They will fail if they attempt to deny full faith and credit.

I think the SCOTUS has established a solid precedent here. But, that's just my opinion. I think it will hold, though.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

40 replies

= new reply since forum marked as read

Highlight:

Is the SCOTUS decision not to hear appeals on gay marriage rulings good news or bad? [View all] Donald Ian Rankin Oct 2014 OP

Would they be cruel enough to reverse the marriages months (or longer) down the line hlthe2b Oct 2014 #1

Are you conflating "hope" and "predict"? N.T. Donald Ian Rankin Oct 2014 #2

Which word did I use (quite correctly?!) hlthe2b Oct 2014 #4

Of course, they would. Look at the damage they've done to America already. nt valerief Oct 2014 #28

Scalia and Thomas, definitely. Scalia would enjoy it. n/t pnwmom Oct 2014 #37

It's outstanding news if you support marriage equality. MineralMan Oct 2014 #3

You think so? Donald Ian Rankin Oct 2014 #5

The question then is why didn't four of the justices who support marriage equality onenote Oct 2014 #8

I wouldn't expect any ruling. MineralMan Oct 2014 #10

Well, I hope you're right. N.T. Donald Ian Rankin Oct 2014 #19

I hope so, too. MineralMan Oct 2014 #22

Further, I believe this refusal to consider MineralMan Oct 2014 #12

Boom. 110% correct. hifiguy Oct 2014 #17

That's the bottom line Ampersand Unicode Oct 2014 #40

It will only matter if one of the circuits goes the other way jberryhill Oct 2014 #6

Yep. hifiguy Oct 2014 #16

Pragmatically it's a good thing afaik RedCappedBandit Oct 2014 #7

Its good and somewhat not good, but more good. JaneyVee Oct 2014 #9

They reserved their options but...it's not in the constitution yet so the states CK_John Oct 2014 #11

Good for the residents of 30 states Capt. Obvious Oct 2014 #13

Also maybe they are going to repeal Roe v Wade on the down low, give a little take a lot. CK_John Oct 2014 #14

I will be surprised if RvW lasts another 20 years. Donald Ian Rankin Oct 2014 #18

It is a VERY good thing. hifiguy Oct 2014 #15

How can an anti marriage person gain standing? jmowreader Oct 2014 #20

Why is that relevant? Donald Ian Rankin Oct 2014 #24

It would be a huge stretch to say the Fourteenth applies to everyone but gays jmowreader Oct 2014 #25

They take cases that have opposing circuit decisions. tammywammy Oct 2014 #21

Intriguing blogslut Oct 2014 #39

anything they touch turns out worse for the good side in the world samsingh Oct 2014 #23

Its good news, elleng Oct 2014 #26

I'd call it mixed. MohRokTah Oct 2014 #27

Ruth Bader Ginsburg TBF Oct 2014 #30

Yeah, that's what I heard, too. MohRokTah Oct 2014 #32

Given the make up of the court right now I'd prefer TBF Oct 2014 #29

Thank you, I have been trying to figure this out also. I want a federal thing for marriage equality, uppityperson Oct 2014 #31

It's a mixed bag, which is what I expect from America, no courage to just make equality a fact Bluenorthwest Oct 2014 #33

That's very much *not* the attitude I want from the SCOTUS. Donald Ian Rankin Oct 2014 #34

If the Constitution allows discrimination and unequal treatment under the law then it is worthless Bluenorthwest Oct 2014 #35

all the gay rights activists/bloggers on my facebook are happy as hell over it. m-lekktor Oct 2014 #36

It's an historic day for gay and civil rights in America... TeeYiYi Oct 2014 #38