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.
North Carolina lawmakers on Wednesday approved a bill to prohibit judges from considering “foreign laws” in their decisions, but nearly everyone agrees that “foreign laws” really means Shariah, or Islamic law.
North Carolina now joins six other states — Oklahoma, Arizona, Kansas, Louisiana, South Dakota, and Tennessee — to pass a “foreign laws” bill. A similar bill passed in Missouri, but Gov. Jay Nixon vetoed it, citing threats to international adoptions.
The bills all cite “foreign laws” because two federal courts have ruled that singling out Shariah — as Oklahoma voters originally did in 2010 — is unconstitutional.
Recently the owners of a large tract of land in South Dakota began looking to sell their property. The problem is that the land that they own is Pe’ Sla, land sacred to the Lakota Native American people. Currently the Lakota are organizing efforts to raise money to buy back their sacred land in hopes of preserving access to it and to prevent the building of a highway the state has planned.
This situation would be top news if it were any other religious site were involved, but this has barely made it into mainstream media.
Editor's Note: The family involved in auctioning off the land canceled the auction. According to the Rapid City Journal, the fund raisers hoping to purchase back the land are unaware what the move means for them.
"It could be good and it could be bad," said Rodney Bordeaux, president of the Rosebud Sioux Tribe. "We just don't know what the family wants. That's kind of the unknown. We'll just have to wait and see."