The Supreme Court's decision to sit out the legal battle over same-sex marriage will lead to recognition of gay marriages in 11 more states. VPC
Jennifer Melsop, left, and Erika Turner are married at Arlington County Courthouse by Linda Olson Peebles, a Unitarian Universalist minister after the couple received their marriage certificate in Arlington, Va.(Photo: H. Darr Beiser, USA TODAY)
As the Supreme Court refused to hear any cases on same-sex marriage from the lower courts, Wisconsin Gov. Scott Walker and the state's Department of Justice decided to stop their legal battles.
Both affirmed the lower federal appeals court ruling is now the law of the land, striking down Wisconsin's ban on gay marriage.
Advocates for gay marriage in other states are rejoicing at the justices' decision, which could lead to the legalization of same-sex marriage in 30 states.
Federal appeals courts already had struck down bans against gay marriage in five states — Indiana, Oklahoma, Utah, Virginia and Wisconsin — and those rulings will be allowed to stand. Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming are in the same judicial circuits, so they must abide by those appeals court rulings, too.
Nineteen other states and the District of Columbia already permit same-sex marriage.
Here are reactions from across the USA:
Alabama: The state's 1998 Protection of Marriage Act and 2006 Sanctity of Marriage Amendment outlaws the recognition of same-sex marriages performed in other states.
The Southern Poverty Law Center filed a challenge to the laws in February on behalf of Paul Hard, who wants to be recognized as the survivor of Charles David Fancher. The two married in Massachusetts.
"We hope that our lawsuit on behalf of Paul Hard, and other cases like it around the country, soon will bring this number to 50," said David Dinielli, SPLC deputy legal director. "We know that marriage benefits couples, families, and children. Everyone — even in Alabama — deserves access to this basic right."
The state's first openly gay lawmaker is under no illusions about legislative action on the matter in Alabama.
"All our hope lays in the court, and the Supreme Court, particularly," said state Rep. Patricia Todd, a Democrat from Birmingham. "The state will never move in this direction on its own, just like it didn't do on civil rights."
The two-term lawmaker knows the difficulties of the situation first-hand: Having gotten married in Massachusetts last year to her longtime partner, Todd is now going through a divorce. The state's same-sex marriage ban, makes that painful process all the more complicated.
"No matter where you get married, you're divorced in your state of residency," she said. "But because of (Alabama), we can't, and it's causing a lot of confusion."
Arizona: State officials are awaiting a federal district court ruling in the case of Connolly v. Roche to determine whether Arizona will allow same-sex marriages but could hear from the 9th U.S. Circuit Court of Appeals before a Phoenix judge issues his ruling.
Because the state is part of the San Francisco-based circuit, any ruling in lawsuits from Hawaii, Idaho and Nevada cases that judges heard in early September will apply here.
Colorado: In Boulder, County Clerk Hillary Hall said she and her staff are hoping to issue licenses soon to same-sex couples.
This summer, Hall's staff issued more than 200 marriage licenses to same-sex couples after a federal court struck down Utah's ban on gay marriage. Hall argued that the Utah ruling would apply to Colorado's similar ban and began issuing licenses until she was ordered to stop by the Colorado Supreme Court in late July.
Colorado's attorney general said county clerks throughout the state should start issuing licenses to same-sex couples Monday, but Hall wanted the stay against her office lifted.
A lawyer for same-sex couples in the state-level case said resolving this issue is a top priority.
"The stay (on issuing same-sex marriage licenses) should be dissolved very quickly by the 10th Circuit, and same sex marriage should be legal in Colorado within days," lawyer David Lane said in a written statement.
Florida: Monday's action has no immediate affect on Florida, where 62% of voters approved an amendment in 2008 defining marriage as being between a man and a woman.
Judges in four Florida counties — Palm Beach, Monroe, Miami-Dade and Broward — have issued rulings overturning Florida's ban on same-sex marriages. Attorney General Pam Bondi's office had appealed the rulings and had asked judges to stop deciding same-sex marriage cases pending action by the U.S. Supreme Court.
In addition, a federal judge in Tallahassee has overturned the state ban. Bondi's office has appealed that ruling to the 11th Circuit Court of Appeals in Atlanta. The ban remains in effect pending that appeal.
"Pam Bondi and (Gov.) Rick Scott have said we should wait for the Supreme Court to act. And they've just acted, so that argument is now bankrupt," said Stratton Pollitzer, deputy director of Equality Florida. Pollitzer said. "With these (30 states recognizing gay marriage), that now leaves Florida in the shameful position of being among the last states in the country to get it right on the civil rights issue of the day."
Indiana: The Supreme Court's denial of requests to take up the same-sex marriage issue means gay marriage is now legal in Indiana, said the lawyer who helped lead the challenge to Indiana's ban.
"Today is a great day for marriage equality in Indiana," said Paul Castillo, lead attorney in the case brought by gay rights group Lambda Legal. "In American history there has never been a comparable social phenomenon that has achieve victory so quickly."
The Supreme Court's lack of action dissolves a stay that had been issued by the U.S. 7th Circuit Court of Appeals, Castillo said.
Weddings could begin later Monday in Indianapolis and other communities. A spokeswoman for Marion County Clerk Beth White said the office is making plans to issue licenses and conduct weddings, as it did during a three-day window in June after the state law was first struck down as unconstitutional.
The Supreme Court's decision leaves serious doubt about the future of House Joint Resolution 3, a proposed amendment to Indiana's constitution that would have banned gay marriage.
"Obviously, this changes things in Indiana," said Executive Director Micah Clark of the American Family Association of Indiana, a group that opposes gay marriage. "If we're going to allow one unelected judge to overturn millions of Americans' vote, then allowing people to vote on this apparently doesn't matter."
Instead, he said socially conservative advocacy groups likely will focus their efforts in the General Assembly on legislation intended to protect churches, nonprofit groups, and businesses that deny services to gay couples on religious grounds.
Chaunce O'Connor rallies July 2 outside a Miami courthouse during a hearing on same-sex marriages.(Photo: J Pat Carter, AP)
Kansas: "Marriage equality is coming to Kansas," said Thomas Witt, executive director of the gay rights group Equality Kansas. "It may not be this morning, but it may be another morning very soon."
Since the appeals from Oklahoma and Utah originated within the 10th U.S. Circuit Court of Appeals, the decision in those cases will affect all states in that circuit, including Kansas, said Doug Bonney, chief counsel and legal director of the American Civil Liberties Union of Kansas and Western Missouri.
The ACLU earlier had decided to wait to see what the Supreme Court would do with the cases that came up from the 10th Circuit before challenging the Kansas same-sex marriage ban. Now, the ACLU plans to file a lawsuit in federal court and likely will ask for a preliminary injunction blocking the Kansas law, Bonney said.
"The first thing we need are plaintiffs," he said. "I don't think that will be too hard to get."
Louisiana: The ruling has no affect in Louisiana where same-sex marriage continues to be illegal.
But that could change later this year or early next year, said Chris Otten, chair-elect of the Forum for Equality Louisiana and chair of the forum's lawyers committee that brought a federal lawsuit in the state.
The forum has appealed U.S. District Judge Martin Feldman's ruling that upheld Louisiana's ban on same-sex marriage. The 5th Circuit Court of Appeal, located in New Orleans, also will hear an appeal of a Texas case in which a federal judge ruled that Texas' ban was illegal.
"The 5th Circuit has agreed to hear our appeal at the same time as Texas' appeal," Otten said. "We're confident the 5th Circuit will rule in our favor."
Feldman so far is the only federal court judge to uphold a state ban on same-sex marriage.
"While the forum certainly welcomes the Supreme Court ruling, Louisiana continues in limbo," Otten said. No matter how the 5th Circuit rules, "I'm certain one side will be interested in appealing" to the Supreme Court.
Attorney General James "Buddy" Caldwell has filed an appeal with the Louisiana Supreme Court over a ruling by a state district judge that Louisiana's marriage ban is illegal.
Caldwell's office said it was not preparing a response to Monday's U.S. Supreme Court ruling because it does not affect Louisiana.
Maryland: "In Maryland, we didn't wait for the courts," Gov. Martin O'Malley said. "We passed marriage equality to protect the dignity of every child's home. Hopefully, this fundamental right will be protected in every state soon."
Same-sex marriage became legal in the state on Jan 1, 2013, after voters approved a statewide referendum with more than 52% of the vote.
Michigan: "I'm elated," said Dana Nessel, who represents two suburban Detroit women challenging Michigan's ban on same-sex marriage. "I think it's thrilling that marriage equality is now the law of the land in so many more places."
Nessel's clients, April DeBoer and Jayne Rowse, went to trial last year in Detroit. District Judge Bernard Friedman ruled in the favor, striking down the ban as unconstitutional.
Michigan Attorney General Bill Schuette appealed that ruling to 6th U.S. Circuit Court of Appeals to defend the voter-approved ban. A three-judge panel of that court heard oral arguments in August and a ruling is expected soon, Nessel said.
Nessel noted that Justice Ruth Bader Ginsburg said in a speech last month in Minneapolis that people curious about when the court would take a same-sex marriage case should watch the 6th Circuit closely. If the appeals court upholds Michigan's ban, that would create conflicting decisions from the appeals courts, prompting a Supreme Court review.
Mississippi: Eddie Outlaw and his partner, Justin McPherson, both of Jackson, Miss., were recently married in California. Mississippi does not recognize their marriage, but Outlaw is encouraged by the Supreme Court's decision.
"Any movement in our direction, any victory in our cause is a great thing," he said. "Thirty states out of 50 will have marriage equality. It's a wonderful day for gays and lesbians across the United States as we're slowly and surely being recognized."
Brian Little of Crystal Springs, just traveled to New York City to marry his longtime partner, Perry Davis. He said sometimes voters need the courts to make sure that fairness prevails.
"Had the South voted on ending slavery or segregation, I'm not sure when those would have ended. The courts are here to make educated and fair decisions that are blind, noble, and above the level of the general population," Little said. "In this case, of course, I want them to do away with these bans. I wish the Supreme Court would go on and strike them down nationwide.
"I know it will happen in time as popular opinion has changed so much in the 15 years I've been 'out,' " he said. "But until the majority decides two men or women marrying has no effect on their lives, we need the courts."
Montana: Four same-sex couples are challenging that state's constitutional ban on same-sex marriage in federal district court.
"While it's still theoretically possible another circuit court could reach a different outcome and the (Supreme Court) could hear that case, we think the Supreme Court's action this morning sends an unmistakable decision that the court is comfortable with the lower courts' decisions, and we think the lower courts will get that message loud and clear," said Liz Welch, ACLU Montana's lesbian-gay-bisexual-transgender advocacy coordinator.
"People are accepting and embracing the idea that marriage equality is right," she said. "It's a natural progression of a really nice thing for a lot of really good people."
North Carolina: Because appeals court rulings allowing same-sex marriage include one in July from the U.S. 4th Circuit Court of Appeals, North Carolina's attorney general, Roy Cooper, announced that the state would drop legal opposition to challenges to the ban. The 4th Circuit includes North Carolina.
"The Supreme Court's decision means that the freedom to marry for same-sex couples must be recognized here in North Carolina without delay," said Chris Brook, legal director of the American Civil Liberties Union of North Carolina in Raleigh.
Experts say the decision could mean same-sex couples could be legally wed as soon as Tuesday.
Roger Hartley, a political science professor at Western Carolina University in Cullowhee, said the only move that could stop legal same-sex marriages in North Carolina is a 4th Circuit ruling saying its decision only applies in Virginia. He thinks such a move is unlikely.
"I think a smart person could argue right now that Amendment One is done," he said, referring to the state's constitutional ban on same-sex marriages.
He expects county registers of deeds to start recording same-sex marriage licenses within the week.
Whether the decision will have an impact on voter turnout in the fall remains to be seen, he said.
North Carolina is a battleground for one of the nation's most-expensive U.S. Senate races. Democrat Sen. Kay Hagan faces Republican challenger Thom Tillis, former speaker of the state House.
Some candidates might try to motivate the conservative base by arguing the decision is "judicial activism," he said. Others might say very little to avoid the issue.
Oklahoma: Longtime partners Sharon Baldwin and Mary Bishop had sued the Tulsa County court clerk for failing to issue them a marriage license shortly after state voters approved a ban on same-sex marriage a decade ago. Baldwin said she and Bishop were planning to wed Monday evening in Tulsa.
"This is the dream day; it's a day we've been looking forward to," Baldwin said at the Tulsa County Court Clerk's Office as the deputy clerk was writing up the pair's license paperwork. "We're looking forward to no longer being second-class citizens."
The court's decision rankled some in this conservative state, where 76% of Oklahoma voters had backed the ban in 2004.
One same-sex couple who had beaten Bishop and Baldwin to the courthouse decided to wait to get their license until the women got theirs.
"I can say I have a husband," said Bill Owens, who got the license with his partner, Josh McCormick. Owens said he thought this day would come, but that it would take at least a decade to 20 years in his state.
Republican Gov. Mary Fallin issued a statement criticizing the Supreme Court for allowing same-sex marriage in Oklahoma, saying the court's inaction was effectively an attack on states' rights.
"The will of the people has now been overridden by unelected federal justices, accountable to no one," Fallin said. "Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas."
Court clerks in several Oklahoma counties said they were waiting for advice from local district attorneys before issuing any marriage licenses to same-sex couples.
South Carolina: Attorney General Alan Wilson said he will keep fighting to uphold the state's constitutional ban on gay marriage.
The court has not ruled in a lawsuit from a same-sex couple who live in South Carolina but were married in the District of Columbia, which began allowing gay marriages in 2010. A lawyer for the same-sex couple, Carrie Warner, said she'll be filing paperwork soon asking for an immediate ruling in their favor.
Tennessee: "The court's decision sends a very strong message to other courts considering this issue, including the 6th Circuit, that there is no reason to delay and no reason to perpetuate the harms to families caused by state marriage bans," said legal director Shannon Minter of the National Center for Lesbian Rights, which is representing Tennessee couples who filed suit against the state's marriage currently under review by the 6th Circuit Court of Appeals.
The 6th U.S. Circuit Court of Appeals heard arguments about same-sex marriage bans in Kentucky, Michigan, Ohio and Tennessee in early August, and lawyers expect a ruling before the end of this year.
In Tennessee's case, three couples who married elsewhere before moving to Tennessee are challenging the state's ban, which legislators enacted in 1996 and voters added to the state constitution in 2006.
"I was hoping that the Supreme Court would take the cases and rule once and for all that marriage equality is the law of the land, but this is the next best thing," said Nashville civil-rights lawyer Abby Rubenfeld, who represents three Tennessee couples challenging the state's ban on same-sex marriage. "It is the law of the land in most states now and for most people. And the rest will follow in short order, in my opinion."
The couples challenging the ban argued that the state's failure to recognize their marriage created an unconstitutional burden. The Tennessee attorney general argued the ban isn't discriminatory and poses no harm to the couples. A decision in the case is expected within weeks.
Texas: The Texas ban stays in place because the state is overseen by the 5th Circuit Court of Appeals, which has not made an appellate ruling.
"It will happen," said Houston Mayor Annise Parker, who wed her longtime partner, Kathy Hubbard, in a ceremony in California earlier this year.
"I look forward to the day when my legal marriage, recognized by the federal government, recognized in more than 30 states, will be recognized in Texas," Parker said.
Parker, and people on both sides of the debate, expressed dismay that the Supreme Court didn't rule one way other the other on the issue.
"It's really despicable. You've got state constitutional amendments being struck down by lower federal courts … and the Supreme Court just lets it stand?" said John Eastman, chairman of the National Organization for Marriage, which opposes gay marriage.
"See this professor believes .. that that day is coming," said Gerald Treece of the South Texas College of Law.
Treece says the track record of the U.S. Supreme Court, in similar cases, is to wait until an overwhelming number of states lean in one direction on a controversial issue before it wades in with an eventual decision. Fifteen states, including Texas, still banned interracial marriage before the U.S. Supreme Court ruled on Loving v. Virginia in 1967. The unanimous decision made any remaining bans on interracial marriage unenforceable.
"I would say that, certainly in the next five years you're going to see the U.S. Supreme Court recognizing the right of people who are gay to actually get married," Treece said.
Plaintiffs Moudi Sbeity, right, and his partner Derek Kitchen, one of three couples who brought the lawsuit against Utah's gay marriage ban, kiss following a news conference in Salt Lake City.(Photo: Rick Bowmer, AP)
Utah: As a mother of two gay children, Linda Stay was "overjoyed" with Monday's announcement that put an end to a voter-approved ban on gay marriage in Utah.
"As soon as they turned 18 they left the state of Utah with the feeling it wasn't a safe place for them to be," Stay said of her son and daughter, who both moved to California. "That's really disheartening."
Now her daughter is making plans to return to Utah next year.
"To me, this is especially significant," Stay said. "I'm hoping in the next state legislature we'll get a statewide nondiscrimination ordinance. It has to happen."
The Utah Attorney General's Office directed county attorneys and clerks to begin issuing marriage licenses to same-sex couples Monday.
The Church of Jesus Christ of Latter-day Saints has been a vocal opponent of same-sex marriage. During the church's semiannual General Conference on Saturday in Salt Lake City, one of the faith's top leaders addressed how members of the church should react to "the voice of the people" legalizing practices that the church opposes.
Without mentioning gay marriage specifically, Elder Dallin H. Oaks, a member of church's Quorum of Twelve Apostles and a former Utah Supreme Court justice, said church members should "accept unfavorable results graciously, and practice civility." Oaks said Latter-day Saints should show goodwill toward all and reject persecution based on race, ethnicity, religious belief and sexual orientation.
Virginia: "After decades of work to change hearts and minds, the freedom to marry is now a reality," said James Parrish, executive director of Equality Virginia. Same-sex couples in Virginia Beach began receiving marriage licenses at 1 p.m.
Virginia's case began in Norfolk when Tony London and Timothy Bostic were denied a marriage license last year.
"We can have families now where we couldn't have families before," said London, who got married Monday in the Norfolk Courthouse and plans a big reception next summer. "We had arrangements before, but now we can have a family. And it's just phenomenal."
Northampton County, which has the oldest continuous court records in the United States including countless marriage records dating to the early 1600s, could issue its first marriage license to a same-sex couple as soon as Monday.
"I believe that love is hard to find, and if you have found it and it's your choice, you should not miss an opportunity," Clerk of Court Traci Johnson said. Officials in that county on the state's Eastern Shore said they haven't had any inquiries yet.
West Virginia: Attorney General Patrick Morrisey said Monday that he was still figuring out how the state should proceed. Three same-sex couples and the child of one couple sued the state in 2013, saying the Kanawha and Cabel county clerks denied them marriage licenses and that state law has the effect of denying them many benefits.
The state is in the same judicial circuit as Virginia, where judges in the 4th U.S. Circuit Court of Appeals said that's state's law banning same-sex marriage was unconstitutional.
"Nothing's changed yet in West Virginia," Kanawha County Clerk Vera McCormick said. "We continue to recognize the ban on same-sex marriage. If they rule, of course, we'll be prepared."
Wisconsin: In the Green Bay area, clerks in Brown and Door counties said they will wait to issue marriage licenses to same-sex couples despite the governor's proclamation.
"We're making sure we dot our Is and cross our Ts," Door County Clerk Jill Lau said.
In Madison, the Dane County clerk said he would issue same-sex marriage licenses immediately.
Natalie and Heather Starr were the only couple to marry in Outagamie County after U.S. District Judge Barbara Crabb handed down her decision in June. While the couple wed on the steps of the county administration building in Appleton, they held off on a big ceremony since the law remained in limbo.
Natalie Starr said Monday's decision clears up any questions about whether their marriage continued to be legal.
"Guess what? It's legal. You can't stop us now for sure and you can't take it away from us," Natalie Starr said. "It's really exciting."
Wyoming: Although Wyoming is part of the 10th U.S. Circuit Court of Appeals whose judges approved same-sex marriage in Utah, its governor said his state will continue to defend the state's definition of marriage as between a man and a woman.
Three Wyoming same-sex couples are suing the state for the right to marry.
Laramie County District Court Judge Thomas Campbell has scheduled a Dec. 15 hearing on their request, so advocates expect that gay marriage could become legal by year's end.
Contributing: John Adams, Great Falls (Mont.) Tribune; Therese Apel, The (Jackson, Miss.) Clarion-Ledger; Catalina Camia, USA TODAY; Tony Cook, The Indianapolis Star; Tim Evans, The Indianapolis Star; Brad Harper, Montgomery (Ala.) Advertiser; Mike Hasten, The (Lafayette, La.) Daily Advertiser; Trevor Hughes, USA TODAY; Eric Kane, WVEC-TV, Hampton-Norfolk, Va.; Ledyard King, Gannett Washington Bureau; Bryan Lyman, Montgomery (Ala.) Advertiser; Jon Ostendorff, Asheville (N.C.) Citizen-Times; Brian Passey, The (St. George, Utah) Spectrum; Nick Penzenstadler, The (Appleton, Wis.) Post-Crescent; Nathan Phelps, Green Bay (Wis.) Press-Gazette; Alia Beard Rau, The Arizona Republic; Kevin Reece, KHOU-TV, Houston; Brandon Rittiman, KUSA-TV, Denver; Brian Shane, The (Salisbury, Md.) Daily Times; Anita Wadhwani, The Tennessean; John Wisely, Detroit Free Press; The Associated Press.
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