# Supreme Court \[declines to hear\] same sex marriage cases.\[plus further developments (Ed.)\]

**URL:** <https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544>\
**Category:** Great Debates\
**Created:** [October 6, 2014, 1:50pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544 "2014-10-06T13:50:23Z")\
**Posts on this page:** 20\
**Page:** 31

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**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\
**Post date:** [June 26, 2015, 4:34pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/601 "2015-06-26T16:34:54Z")

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> [@RickJay](#):
>
> The Republican candidate who clearly gets it is Jeb Bush, whose statement nominally opposes the ruling but then weasels away from it by saying, in effect, “oh well.”

Yeah, I read the responses and thought, “holy shit. In another example of reality being stranger than fiction, another Bush is going to be president.”

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**Author:** ![Valgard](https://avatars.discourse-cdn.com/v4/letter/v/7feea3/32.png) [@Valgard](https://boards.straightdope.com/u/Valgard)\
**Post date:** [June 26, 2015, 4:36pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/602 "2015-06-26T16:36:57Z")

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> [@BobLibDem](#):
>
> You have a valid point, but look how long they have milked their outrage over the ACA.

With ACA there’s actual dollars involved and people having to “do things” (like buy insurance). It’s easier to say “This impacts you!” and keep the outrage going. With SSM, opponents are going to realize relatively soon that nobody is forcing them to marry another guy, it’s not causing OSM to fall apart, their pastor doesn’t have to officiate any wedding he doesn’t want to, etc. SSM is not going to raise their taxes (to the contrary it will pump money into local economies) or require them to participate, aside from a few people having to come up with a better reason to not bake a cake for a SSM wedding other than “I don’t like SSM”.

That doesn’t mean everybody is suddenly going to be holding hands and singing kumbaya on this issue but I think that a lot of people who are opposed to SSM are going to come to the conclusion that while they don’t approve of it, SSM is not actually impacting their lives in any meaningful way.

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**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\
**Post date:** [June 26, 2015, 4:37pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/603 "2015-06-26T16:37:51Z")

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Well done. Welcome to the (fabulous) club, America.

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**Author:** ![andros](https://avatars.discourse-cdn.com/v4/letter/a/e480ec/32.png) [@andros](https://boards.straightdope.com/u/andros)\
**Post date:** [June 26, 2015, 4:39pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/604 "2015-06-26T16:39:29Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> I’m available, if anyone’s wondering. 😉

Ok, fine. I’ll marry you.

Oh, wait. You meant…dammit. I’ll return the tux.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 26, 2015, 4:43pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/605 "2015-06-26T16:43:20Z")

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I am reliably informed that the government will soon be making gay marriage mandatory, so maybe keep it on layaway or something. 🙂

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 26, 2015, 4:46pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/606 "2015-06-26T16:46:20Z")

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> [@Gyrate](#):
>
> Thus tweeteth Bryan Fischer

So presumably we are going to invade a country that allows civil unions.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [June 26, 2015, 4:46pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/607 "2015-06-26T16:46:42Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> I am reliably informed that the government will soon be making gay marriage mandatory, so maybe keep it on layaway or something. 🙂

If so, I call Ewan McGregor.

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**Author:** ![oft\_wears\_hats](https://avatars.discourse-cdn.com/v4/letter/o/7993a0/32.png) [@oft\_wears\_hats](https://boards.straightdope.com/u/oft_wears_hats)\
**Post date:** [June 26, 2015, 4:50pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/608 "2015-06-26T16:50:25Z")

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This is great, great news. The wind has been steadily blowing in this direction for a while now, but I’m very glad that the SCOTUS didn’t kick the can down the road.

> [@ivylass](#):
>
> A tiny part of me is gleefully wondering how the Phelps clan is taking this.

It’s probably not even a big deal to them. They’ve been saying that God hates the entire world and that we’re all going to Hell for years and years. It’s not as though this news requires them to adjust their worldview that Hell starts at the perimeter of their compound.

> [@Sam\_Lowry](#):
>
> Yeah, I really want to know how all the anti-gay marriage people are taking this. I’m at work right now, I wish I was home and I could turn on Fox News and see what they’re doing.
> 
> I did check on Twitter and Texas governor Greg Abbott said something about how he would continue to fight. I don’t know what that means, if a gay couple registered for a marriage license today if they’d get it or not. I imagine that some of the politicians in other states are thinking the same thing, I’d like to know what will happen.

> [@hajario](#):
>
> I read somewhere that the States in the 6th Circuit will have to issue licenses immediately. This is OH, KY, MI and TN. The other states where it is illegal could take time. They can start immediately or they can wait for a court challenge based on today’s decision to overturn the ban. It could be days or weeks for some hold outs.

Yeah, I figure this is going to take a while to sort out. I also won’t be surprised if some of the more conservative states try to drag their feet or weasel out of it any way they can. It’s my understanding that this decision technically invalidates the SSM bans that are still on the books, but I’m sure some states will have “staffing” and “resource” problems or possibly even try to pass laws that sneak around the decision in some way.

Even if it takes a bit before all states are freely issuing marriage licenses to same sex couples, does this decision require all states to instantaneously recognize marriages from other states? Can anyone with more than zero legal experience weigh in on that?

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 26, 2015, 4:52pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/609 "2015-06-26T16:52:27Z")

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> [@oft\_wears\_hats](#):
>
> …does this decision require all states to instantaneously recognize marriages from other states? Can anyone with more than zero legal experience weigh in on that?

On paper, yes.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [June 26, 2015, 5:02pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/610 "2015-06-26T17:02:42Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> On paper, yes.

Are you sure that’s true? For those jurisdictions that have laws on the books that are contrary to the ruling, wouldn’t those either need to be repealed, or litigated if the jurisdiction didn’t immediately implement the ruling?

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 26, 2015, 5:12pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/611 "2015-06-26T17:12:57Z")

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No. As a practical matter, state legislatures (or Congress for that matter) can repeal a legislative act that is held unconstitutional, but it doesn’t _have_ to. The law simply becomes inactive. For example, South Carolina did not legislatively repeal its prohibition on interracial marriage until 1998, though it had obviously ceased to be in effect as of 1967.

In this particular instance, most states and counties whose no-SSM laws had not already been overturned will probably have to generate new forms, update software, and so on. At least in theory, though, everyone should now be able to obtain a marriage license right away.

I forget whether any of the Oberfell consolidated cases were appeals from state courts. Technically, SCOTUS decisions on state cases are not effective for 25 days, when the Court issues a mandate to the state court. However, as a practical matter, anyone denied a license should be able to obtain more or less immediate injunctive relief from a federal district court.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [June 26, 2015, 5:26pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/612 "2015-06-26T17:26:33Z")

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“Lord, we ain’t what we should be, and we ain’t what we gonna be, but thank God, we ain’t what we was!” - MLK

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [June 26, 2015, 5:30pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/613 "2015-06-26T17:30:17Z")

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> [@Meltdown](#):
>
> Lindsey Graham, from the Fox News link above:
> 
> Were it not for the word “religious” in the above statement, I could read that as him being happy with the SCOTUS decision.

He could mean what he says. There is no shortage of religious teaching in \*favor \*of equal rights and equal respect and love for all; in fact, Jesus had quite a bit to say along those lines.

Not that it makes it safe for Graham to come out yet, of course, not in a Confederate state.

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**Author:** ![Bridget\_Burke](https://avatars.discourse-cdn.com/v4/letter/b/7cd45c/32.png) [@Bridget\_Burke](https://boards.straightdope.com/u/Bridget_Burke)\
**Post date:** [June 26, 2015, 5:32pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/614 "2015-06-26T17:32:03Z")

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The Texas Observer keeps updating their article on [Gay Marriage Arrives in Texas](http://www.texasobserver.org/supreme-court-upholds-same-sex-marriage/). The usual suspects are bitching & threatening—something. Locally:

> [@](#):
>
> County clerks in Austin, Dallas and San Antonio have said they plan to begin issuing marriage licenses to same-sex couples within a few hours of the decision. However, other clerks, including Republican Stan Stanart in Houston, have said they’ll wait for guidance from Attorney General Ken Paxton, a staunch opponent of same-sex marriage.
> 
> Bexar County Clerk Gerard C. “Gerry” Rickhoff, also a Republican, said recently that judges will be on hand to waive the normal 72-hour waiting period before couples can marry after they apply for licenses.
> 
> “Nobody can estimate what the pent-up demand is going to be,” Rickhoff told the Observer. “My message is always, if there’s reluctance or hesitation by the clerks, just get in your car and drive down to Bexar County. We’re going to embrace you, and we’re going to make sure that you’re served, and we’ll stay open after hours to accomplish that if that’s what’s required of us.”

Since that was written, the first license has been issued in Bexar County. San Antonio knows how to treat tourists & newlyweds from less fortunate towns will be toasting each other with margaritas.

Even if no licenses have been distributed, Houston will celebrate. Annise Parker is our Mayor:

> [@](#):
>
> “At last! What a joyous, historic day for America, the LGBT community, individual families, the institution of marriage and the fight for equality,” Parker said in a prepared statement. “I used to think that I would not see this day in my lifetime. In recent years, however, it’s been clear that personal hearts and minds, and the courts, were headed in this direction.”
> 
> Parker and her partner of more than two decades, local accountant Kathy Hubbard, were married in January 2014 in California.
> 
> “Marriage is about love, commitment, and family,” Parker said. “Couples who make that commitment deserve to be respected under law, with the full legal protections that accompany a marriage license. Finally, they are!”
> 
> Activists are planning a huge party at 5 p.m. this evening at Discovery Green in downtown Houston, and Houston’s annual Gay Pride Parade will be Saturday in downtown. Katine offered a prediction of that event: “It will be unlike any other parade you have ever seen.”

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**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\
**Post date:** [June 26, 2015, 5:46pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/615 "2015-06-26T17:46:58Z")

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Remember just a few years ago, when some people where giving Obama shit for not openly supporting gay marriage? And some people, myself included, were giving those people shit for putting unreasonable expectations on someone who was running for reelection? Apparently, I was wrong. Apparently, they weren’t being unrealistic and I was the one being unreasonable in counseling patience. I’m happy I was wrong. I would be happier if I\* hadn’t\* been afraid to hope, but I’m happy that this day came for my fellow Americans, despite my lack of faith.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [June 26, 2015, 6:00pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/616 "2015-06-26T18:00:46Z")

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This won’t be a big issue, come election time. Not only is there a long enough time for people to forget about this case, but it’s a long enough time for people to see the effects directly. It’s long been noted that support for marriage equality has accelerated considerably over the past few years (i.e., the trendline for support is not linear), and I believe that this is mostly because people have seen others actually getting married without disastrous results, and realized that outside of the bedroom, gays are basically just like straights. Now, with SSM legally recognized across the nation, those living examples are not just going to be a few states over, or a friend-of-a-friend, but in every neighborhood. Opposition still won’t vanish entirely, of course, but it will dwindle to the point that it won’t turn elections, not even within the Republican party.

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**Author:** ![Knorf](https://avatars.discourse-cdn.com/v4/letter/k/58956e/32.png) [@Knorf](https://boards.straightdope.com/u/Knorf)\
**Post date:** [June 26, 2015, 6:06pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/617 "2015-06-26T18:06:24Z")

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> [@Chronos](#):
>
> This won’t be a big issue, come election time.

I, for one, am hoping that the GOP presidential “candidates” keep pushing the issue hard as they can for a good long while.

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**Author:** ![Octarine](https://avatars.discourse-cdn.com/v4/letter/o/22d042/32.png) [@Octarine](https://boards.straightdope.com/u/Octarine)\
**Post date:** [June 26, 2015, 6:12pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/618 "2015-06-26T18:12:34Z")

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Realizing that you’re experiencing a day that will eventually go into US textbooks is weird. For once I can say: way to go, America! It’ll be interesting to see various states try to find a way out of this.

(Also - anyone getting showers of toads by them? It’s just a little overcast here. Maybe the rivers of blood will show up later . . .)

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**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\
**Post date:** [June 26, 2015, 6:18pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/619 "2015-06-26T18:18:49Z")

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> [@Johnny\_L.A](#):
>
> Half of them are going to turn gay. Because that’s what happens when gay marriage is legal. It turns straight people gay.

> [@CGav8r](#):
>
> I’m just wondering how many straight men are now going to leave their wives to hook up with some young twink.

> [@Nars\_Glinley](#):
>
> I’m feeling 50% more fabulous already.

> [@Really\_Not\_All\_That\_Bright](#):
>
> I am reliably informed that the government will soon be making gay marriage mandatory, so maybe keep it on layaway or something. 🙂

I’ve already told a certain young lady that she’s just going to have to accept that I am now seeking my true manlove.

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**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\
**Post date:** [June 26, 2015, 6:22pm UTC](https://boards.straightdope.com/t/supreme-court-declines-to-hear-same-sex-marriage-cases-plus-further-developments-ed/700544/620 "2015-06-26T18:22:35Z")

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> [@Ruken](#):
>
> I’ve already told a certain young lady that she’s just going to have to accept that I am now seeking my true manlove.

I hope that you and Antonin will be very happy.

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