What Happens Next in the 20 States That Still Ban Gay Marriage?

Participants celebrate the Supreme Court’s gay marriage ruling in Kansas City, Mo. on June 26. Photo by Sally Morrow/RNS.

The Supreme Court’s decision to sit out the legal battle over same-sex marriage will — for now, at least — leave the future of laws prohibiting gays and lesbians from marrying in the hands of lower state and federal court judges. But it also almost certainly means the couples challenging those laws are more likely to win in the end.

The court said Oct. 6 that it would not hear appeals from five states whose same-sex marriage bans had been invalidated by lower federal courts. The decision, issued without explanation, will likely lead to recognition of gay marriages in 11 more states. It also allows an avalanche of legal challenges to the remaining bans to keep going forward in state and federal courts, where gay and lesbian couples have overwhelmingly prevailed.

The court’s decision leaves unchanged 20 state laws blocking same-sex unions. Each is already under legal attack, facing challenges in state or federal court, and sometimes both. Challenges to marriage bans already have reached a handful of state appeals courts and the federal appeals courts for the 5th, 6th, 9th and 11th circuits.

Some of those judges had been waiting to see what the Supreme Court would do. The court’s instruction Oct 6. was: Proceed.

Bringing America Back to Life

Photo courtesy of Shane Claiborne

A mother who lost her child to gun violence beats on the barrel of a handgun from the streets. Photo courtesy of Shane Claiborne

Yesterday, I read about the 2-year old child who shot herself by accident in North Carolina over the weekend. Then I read about the horror of another school shooting in Nevada. Only hours later — shots rang out again on our block in North Philadelphia, for the second time this week.  This time a bullet went through the window of one of the houses owned by our non-profit.

I was talking to a friend about my anger over the 300 lives lost in our city this year to gun violence. With the most sincere intentions, my friend said in an attempt to console me:  “It’s just the way the world is.” 

I’m not willing to give up that easy. It may be the way the world is today, but it doesn’t have to be the way the world is tomorrow.