The U.S. Supreme Court has issued one of its non-rulings that gives a boost to one side of a controversy. In this case, they have left in place the decisions from seven courts regarding gay marriage. According to SCOTUSblog:
This morning the Court issued additional orders from its September 29 Conference. Most notably, the Court denied review of all seven of the petitions arising from challenges to state bans on same-sex marriage. This means that the lower-court decisions striking down bans in Indiana, Wisconsin, Utah, Oklahoma, and Virginia should go into effect shortly, clearing the way for same-sex marriages in those states and any other state with similar bans in those circuits.
The Supreme Court had issued the first round of orders from the September 29 Conference last Thursday, adding eleven new cases to its docket for the new Term. Many people had anticipated that one or more of the same-sex marriage petitions might be on that list, but the Court did not act on any of them at the time. Last month Justice Ruth Bader Ginsburg had suggested that the Court might not step into the controversy at this point, because there was no disagreement among the lower courts on that issue. Today her prediction proved true, with the Court denying review (without any comment) of the seven petitions: Bogan v. Baskin (Indiana); Walker v. Wolf (Wisconsin); Herbert v. Kitchen(Utah); McQuigg v. Bostic (Virginia); Rainey v. Bostic (Virginia); Schaefer v. Bostic(Virginia); and Smith v. Bishop (Oklahoma).
This is standard Supreme Court procedure when there is no disagreement between lower courts, but they have got to know that this is also an unusual situation, in that refusing to adjudicate these cases means that facts on the grounds (i.e., same-sex marriages) will shortly be created that will make untangling the mess that much more difficult when a dissenting judicial voice finally makes its way up the ladder. Of course, they are probably also assuming that the appeals courts will reverse any recalcitrant district judges, such as the one inLouisiana who recently refused to go along with the new sexual orthodoxy.
Time to face facts, folks. Short of an inconceivable constitutional amendment, we have lost the battle to stop gay marriage. It’s now time to start focusing on dealing as much as society and the law will allow with the inevitable cultural consequences.