The U.S. Supreme Court declined to hear any of the marriage equality cases before the justices, including one from Wisconsin, which will result in a massive expansion of opportunities for same-sex couples to legally marry.
The action, rejecting appeals from five states, means that the lower court rulings stand — and same-sex marriages in Wisconsin, Indiana, Utah, Oklahoma and Virginia are legal. The action also means that same-sex couples from West Virginia, North Carolina, South Carolina, Kansas, Colorado and Wyoming soon will be able to marry.
“Thanks to the Supreme Court, there is now sweeping guidance in three federal appellate circuits that declares marriage discrimination flatly unconstitutional," said Chad Griffin of the Human Rights Campaign. "There is no reason under the sun for federal courts not to fast-track all pending marriage cases in light of today’s news. Every argument has been made, every legal dispute has been heard, time and time again — the only thing left is the continued suffering of committed and loving gay and lesbian couples from Mississippi to Montana who are still waiting for justice. They cannot wait anymore, and they shouldn’t have to.”
Theodore B. Olson, who represented same-sex couples in Virginia, said, “This is a momentous victory for the constitutional promise of equality, dignity and justice for all Americans. Today, I am proud to call myself a Virginian. With the Commonwealth’s discriminatory marriage ban finally and conclusively struck down, we are one giant step closer to the day that all Americans, not just Virginians, can enjoy their right to marriage equality under the law."
“Those who drew and ratified our Constitution over two centuries ago set out to form a more perfect Union. Today, that goal has once again been realized,” said attorney David Boies, who also represented same-sex couples in Virginia. “The unjust and unlawful discrimination imposed by laws like Virginia’s marriage ban have seen their final days. Our Constitution promises freedom and justice for all, and today that promise was fulfilled for thousands of gay and lesbian Virginians and their families.”
With the development from the Supreme Court on Oct. 6, same-sex marriage essentially will be legal in 30 states plus the District of Columbia.
"This is a watershed moment for the entire country. We are one big step closer to the day when all same-sex couples will have the freedom to marry regardless of where they live. The time has come and the country is ready," said Larry Dupuis, legal director of the ACLU of Wisconsin. "This is life-saving news for same-sex couples. Marriage helps families deal with times of crisis, and the Supreme Court’s action today means more loving and committed couples will have access to the protections that marriage provides." The ACLU was co-counsel in five of the seven petitions before the Supreme Court.
Many on both sides of the issue — and legal experts watching the developments — still expect the Supreme Court to take a marriage equality case — or more than one — in the 2014-15 term, which began today. Many had expected the high court to take up one of the cases it rejected.
The order released on Oct. 6 did not indicate how the justices voted on whether to hear the appeals from Wisconsin, Indiana, Utah, Oklahoma and Virginia. It takes four justices to take a case. It takes a vote of five justices to decide a case.
In all of those states, LGBT civil rights advocates expected a resumption of same-sex weddings immediately.
Dane County Executive Joe Parisi said, “Today’s news that paves the way for marriage equality to be the law in Wisconsin is long-awaited and a great way to start our week. Love wins in Wisconsin and those who were fighting so hard to stop same-sex couples from getting married are now proven to be on the wrong side of the law, as well as the wrong side of history.”
The Freedom to Marry estimated that as a result of the court’s decision, an additional 51 million Americans will live in a freedom to marry state.
"Today’s decision by the Supreme Court leaves in force five favorable marriage rulings reached in three federal appellate courts, ensuring the freedom to marry for millions more Americans around the country. The court’s letting stand these victories means that gay couples will soon share in the freedom to marry in 30 states, representing 60 percent of the American people. But we are one country, with one Constitution, and the court’s delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places. As waves of freedom to marry litigation continue to surge, we will continue to press the urgency and make the case that America — all of America — is ready for the freedom to marry, and the Supreme Court should finish the job."
Numerous groups were scheduling news conferences early on Oct. 6, after the high court's order list was released.
In Wisconsin, where the American Civil Liberties Union represented same-sex couples in the legal quest for marriage equality, celebrations were coming together as the work week got off to a start.
“Love is love, family is family, and discriminating against anyone’s love, against anyone’s family, is not only wrong, it’s unconstitutional," said U.S. Sen. Tammy Baldwin, D-Wisconsin, in a statement. "This is a huge step forward for our entire country being a place where every family’s love and commitment can be recognized and respected under the law.”
“Full equality is here to stay in Wisconsin,” said U.S. Rep. Mark Pocan, D-Wisconsin. “The Supreme Court’s rejection of Attorney General Van Hollen’s appeal puts an end to a dark chapter in Wisconsin’s history where many are treated as second-class citizens simply based on who they choose to love. Today’s ruling reaffirms we are all equal under the law.”
Judi Trampf, one of the plaintiffs in the Wisconsin case, said in a news release, "It is wonderful that marriage is now law in Wisconsin. After 25 years together we have watched straight friends marry the person they love and we see how important this is to family, friends and the community. It is equally important to us. I simply want to make a public commitment that I love Katy and want to spend my life with her. I so happy that the Supreme Court understood that the same way that Justice Crabb and the 7th Circuit court did."
In late spring, more than 500 same-sex couples married in Wiscosnin after the federal circuit court overturned the state's 2006 constitutional amendment barring gay marriage. The weddings ended when Wisconsin Attorney General J.B. Van Hollen appealed, a petition that was resoundingly rejected by the Seventh Circuit this summer. Van Hollen then turned to the U.S. Supreme Court in his quest to continue to defend the anti-gay law.
On Oct. 6, in a statement to the press, he said, "We defended the state’s Marriage Protection Amendment in court. That was our obligation, and our attorneys did so admirably, regardless of whether they agreed with the underlying policy question. The Seventh Circuit affirmed the district court’s decision holding Wisconsin’s Marriage Protection Amendment unconstitutional, and the Supreme Court has declined the opportunity to examine that decision. It is now our obligation to comply with those court decisions. I encourage everyone to respect the court’s action and to administer the law fairly and impartially. Once the district court formally lifts the stay, officials must apply the marriage law consistent with the district court’s order and the Seventh Circuit’s decision."
The Supreme Court’s action also prompted celebrations in states where same-sex couples are still fighting for equality, such as Florida.
A statement from Equality Florida said, "Today’s ruling sends a clear message to Gov Rick Scott and Attorney General Pam Bondi: respect the ruling of five Florida judges and end marriage discrimination now. is a victory for loving couples in Indiana, Wisconsin, Utah, Oklahoma, and Virginia where federal courts have struck down bans on marriage equality as unconstitutional.
"For Florida, this ruling eliminates the last refuge for Attorney General Pam Bondi and Governor Rick Scott to hide behind. In light today’s action, we call on Pam Bondi and Rick Scott to immediately announce they will now drop their senseless appeals. There is no reason to wait another day or waste another dollar crusading to keep discrimination in place in Florida."