October 7, 2014

The U.S. Supreme Court yesterday declined to hear appeals against same-sex marriage bans brought by the attorneys general of five states: Indiana, Oklahoma, Utah, Virginia, and Wisconsin. The court’s move leaves intact lower-court rulings that struck down the bans in those states, thereby increasing the number of states where same-sex marriage is legal to 24, plus the District of Columbia. However, the decision not to review also means that the court has stopped short of resolving the question of same-sex marriage nationwide.

The Supreme Court Building in Washington, D.C., is where Supreme Court justices meet to interpret the laws that govern the nation. (© Joe Sohm, Photo Researchers)

Some legal experts contend that the court does not want to get ahead of the public on this issue. Walter E. Dellinger III, an acting U.S. solicitor general in the administration of President Bill Clinton, told The New York Times: “The more liberal justices have been reluctant to press this issue to an up-or-down vote until more of the country experiences gay marriage. Once a substantial part of the country has experienced gay marriage, then the court will be more willing to finish the job.” Other legal experts suggest that the court may not have dealt with the issue directly because neither the court’s conservative nor liberal blocks were sure of how Justice Anthony Kennedy would vote on the matter. Justice Kennedy often breaks ties, swinging back and forth between the conservative and liberal blocks. On 2013, Justice Kennedy voted with liberals on the court to strike down as unconstitutional the Defense of Marriage Act.

Additional World Book articles:

• Gay rights movement
• Supreme Court 2013 (a Back in Time article)