Tears of joy.......
Oct. 6th, 2014 11:23 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
osodecanelaMost of you who follow my blog have likely already heard; SCOTUS denied cert this morning, on the cases out of the Fourth Circuit (Virginia), Seventh circuit (Indiana & Wisconsin)& 10th circuit (Utah & Oklahoma)! As of now those 5 states have had their stays lifted. I heard on the news that Milwaukee County is already granting marriage licenses.
However, this also will affect the six remaining states in those three circuits, So within the next month we should see marriage coming to West Virginia, the Carolinas, Colorado, Kansas & Wyoming. By SCOTUS refusing to hear the appeals for the first five states, we have now gotten marriage in eleven.
Further, the Ninth Circuit is due to rule any day now and with the Supreme Court signaling that they are unwilling to hear appeals as long as we do not have a circuit split, perhaps officials in Idaho will be able to read the handwriting on the wall and decline to appeal. I don't think it's presumptuous on my part to read the tea leaves and feel there is no way that the Ninth Circuit will side with the state of Idaho and uphold that state's marriage ban. Since a ruling in the Ninth Circuit will be an appellate court ruling, that should affect the remainder of the Ninth as well, which would give us not only Idaho and Nevada, but Arizona, Alaska, & Montana as well.(Not to mention the territories under the Ninth, such as Guam.)
All this should shake out within the next month, I suspect. It will leave us at 35 states allowing for full marriage equality. Well, we were at 34 states at the time of the Loving decision.
What does that leave us? By my calculations, the Fifth, Sixth, Eighth, and 11th circuits. With regard to the Sixth, I cannot help but think the Supreme Court's action today won't affect Judge Sutton pending decision in the Sixth. We're waiting on his ruling any day now, in Michigan, Ohio, Kentucky and Tennessee.
With regard to territories, I imagine that a circuit ruling in the ninth will apply to both Guam and the Marianas protectorate. I suspect it's going to take a longer period of time for both Puerto Rico, which is in the First Circuit and the US Virgin Islands, which are in the Third. In both those circuits all the states have gone for marriage equality and that happens without it going in front of their respective Federal Courts of Appeals, so there are no circuit rulings from either of those two territories.
All in all, today is a banner day. I cannot express just how much joy I'm feeling this morning!
However, this also will affect the six remaining states in those three circuits, So within the next month we should see marriage coming to West Virginia, the Carolinas, Colorado, Kansas & Wyoming. By SCOTUS refusing to hear the appeals for the first five states, we have now gotten marriage in eleven.
Further, the Ninth Circuit is due to rule any day now and with the Supreme Court signaling that they are unwilling to hear appeals as long as we do not have a circuit split, perhaps officials in Idaho will be able to read the handwriting on the wall and decline to appeal. I don't think it's presumptuous on my part to read the tea leaves and feel there is no way that the Ninth Circuit will side with the state of Idaho and uphold that state's marriage ban. Since a ruling in the Ninth Circuit will be an appellate court ruling, that should affect the remainder of the Ninth as well, which would give us not only Idaho and Nevada, but Arizona, Alaska, & Montana as well.(Not to mention the territories under the Ninth, such as Guam.)
All this should shake out within the next month, I suspect. It will leave us at 35 states allowing for full marriage equality. Well, we were at 34 states at the time of the Loving decision.
What does that leave us? By my calculations, the Fifth, Sixth, Eighth, and 11th circuits. With regard to the Sixth, I cannot help but think the Supreme Court's action today won't affect Judge Sutton pending decision in the Sixth. We're waiting on his ruling any day now, in Michigan, Ohio, Kentucky and Tennessee.
With regard to territories, I imagine that a circuit ruling in the ninth will apply to both Guam and the Marianas protectorate. I suspect it's going to take a longer period of time for both Puerto Rico, which is in the First Circuit and the US Virgin Islands, which are in the Third. In both those circuits all the states have gone for marriage equality and that happens without it going in front of their respective Federal Courts of Appeals, so there are no circuit rulings from either of those two territories.
All in all, today is a banner day. I cannot express just how much joy I'm feeling this morning!
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no subject
Date: 2014-10-06 08:01 pm (UTC)no subject
Date: 2014-10-06 11:51 pm (UTC)However, I'm in the mood to be generous today. I'm grateful to have my equality and I recognize this is a process for everyone. I took me a bit to get to this point in my self acceptance. I'll grant many of them time to get used to it themselves - but they WILL have to get used to it.
Denying anyone their civil rights should never be allowed to fly. Not now. Not ever again.
no subject
Date: 2014-10-07 02:09 am (UTC)no subject
Date: 2014-10-07 03:10 am (UTC)