Same-Sex Marriage

For much of the past week, the Supreme Court has been issuing opinions at a dizzying pace. Four cases in particular impact states directly. Rulings on same-sex marriage and Affordable Care Act cases affect everyday life and have incited much discussion in Congress and among the public. Other rulings on what license plates may say and access to hotel registry information have not garnered as much attention, but have important impacts on states as well.

In a 5-4 decision written by Justice Kennedy the Supreme Court held that same-sex couples have a constitutional right to marry. All state laws and court decisions banning same-sex marriage are now invalid.  

Justice Kennedy’s opinion can fairly be described as a celebration of marriage generally.  “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.”

Same-sex marriage and an Affordable Care Act case heard in one Supreme Court term.  Does it get any bigger than this?  

The Court will decide whether it is constitutional for states to prohibit same-sex marriage and whether states may refuse to recognize same-sex marriages lawfully performed out of state.

While the Court refused to hear a number of cases presenting the same issues earlier in the term, these grants came as little surprise.  Between then and now the Sixth Circuit ruled that same-sex marriage bans are...

Has any Supreme Court denial been as big and as suprising as the Court not taking the same-sex marriage case?

For the six reasons Lyle Denniston describes on SCOTUSblog, the Supreme Court’s announcement on Monday that it would not hear any of the seven petitions striking down same-sex marriage bans was stunning.  Even though there was no circuit split, conventional wisdom indicated the Court would decide the issue because...

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Since his state began to allow same-sex marriage earlier this year, Sen. Scott Dibble has been officiating weddings himself, including for Kansas and Wisconsin couples who traveled to Minnesota for the express purpose of getting married. Five years ago, it was Dibble who did the traveling — to California, so that he could marry his partner under that state’s marriage-equality law. But same-sex marriage has since come to the Midwest, first in Iowa due to a state Supreme Court ruling and now this year as the result of legislative actions in Minnesota and Illinois.

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