View Full Version : SCOTUS - sending a signal on gay marriage?

David G
06-23-2015, 03:49 PM
http://www.slate.com/blogs/outward/2015/02/09/the_supreme_court_just_admitted_it_s_going_to_rule _for_gay_marriage.html?wpsrc=fol_fb

Instead, seven justices agreed, without comment, that the district court’s ruling could go into effect, allowing thousands of gay couples in Alabama to wed.

That is not what a court that planned to rule against marriage equality would do. By permitting these marriages to occur, the justices have effectively tipped their hand, revealing that any lower court’s pro-gay ruling will soon be affirmed by the high court itself.

Don’t believe me? Then ask Justice Clarence Thomas, who, along with Justice Antonin Scalia, dissented (https://www.scribd.com/doc/255181151/14A840-SCOTUS-Alabama-Stay-Denied) from Monday’s denial of a stay. (Oddly—and perhaps tellingly—Chief Justice John Roberts and Justice Samuel Alito, two other foes (http://www.oyez.org/cases/2010-2019/2012/2012_12_307) of marriage equality, didn’t bother to join Thomas’ dissent.) The court’s “acquiescence” to gay marriage in Alabama, Thomas wrote, “may well be seen as a signal of the Court’s intended resolution” of the constitutionality of gay marriage bans. Thomas and Scalia meant this to be a grave warning. The rest of us, however, should take it as a white flag—and a cause for celebration.