Monday, October 6, 2014

 
THE BATTLE IS WON - GAY MARRIAGE IN TEXAS IS NOW A FORMALITY
 
Last week because journalism is dead, a national news service reported that Supreme Court rejected the appeals in the pending gay marriage cases.  They did not.  When a national news service fails to hire competent reporters to report on the Supreme Court, it is fair to say excellence no longer matters.

I will go to my grave remembering how Wolf Blizter blamed Chief Justice Roberts for getting the Obamacare ruling wrong.  The national news services simply do not care any more about excellence in journalism.

It is funny, now that the battle is won, I really have no interest in marriage.  But it is nice to know I am equal.

WHAT IS HAPPENING

The Supreme Court denied the Petitions for Writ of Certiorari which were pending before the court.  By doing same they lifted the stay's previously issued by the Court. This means gay marriage can move forward in those states.

"The U.S. Supreme Court on Monday declined to take up the hotly contested issue of gay marriage, a surprise move that will allow gay men and women to marry in five states where same-sex weddings were previously banned.

By rejecting appeals in cases involving Virginia, Oklahoma, Utah, Wisconsin and Indiana, the court left intact lower-court rulings that struck down bans in those states.

Other states under the jurisdiction of appeals courts that struck down the bans will also be affected, meaning the number of states with gay marriage is likely to quickly jump from 19 to 30."

Click for full story

This should not be a surprise ruling - but to the press it is.  This is not complex.  The 5 votes were there for a clear victory.  Associate Justice Kennedy did not want to put his fellow Republicans in the position of being on the wrong side of history.  Here is the deal which was cut.  The 4 on the right,  Roberts, Alito, Thomas and Scalia would not vote to hear the cases, if the four on the left also agreed to not vote to hear the cases - Breyer, Ginsberg, Kagan, and Sotomayor.  Kennedy was the swing vote.  The right knew they would lose, so rather than be on the wrong side of history, everyone agreed to just let it happen.  By doing it this way it was a sure thing and no one had to get their hands dirty.

WHERE ARE WE?

With Cert. Denied, all of the stays become void.  Marriage will move forward in all of the affected states.

TEXAS

The stay in Texas's case was issued by the trial judge, Orlando Garcia.  Given the signal from the Supreme Court, it is a formality that Judge Garcia will lift his stay.  AG Abbott will then ask the federal court of appeals for a stay.  The losing side will go to the Supreme Court.  With gay marriage now moving forward in some 30 states, it seems impossible that the Supreme Court in the Texas case would find no right to marry, thereby putting potentially at that point over a million marriages is jeopardy.

If you are gay and want to marry in Texas, plan a June wedding now - you should be good to go.

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