Wednesday, November 12, 2014

Go Kansas!

Insert "Toto, we're not... " joke here.
The Supreme Court, with two Justices dissenting, on Wednesday afternoon cleared the way for same-sex couples to marry in Kansas — the thirty-third state on the list.  In a brief order, the Court voted to leave intact a federal judge’s order nullifying the state’s ban on same-sex marriages.  There was no explanation, for the order or by the dissenters. 
Because the judge’s ruling had been on hold only because of a temporary Supreme Court order issued Monday, the Kansas ruling took effect when the Justices’ new order lifted the earlier postponement.   State officials are now under a federal court requirement to start issuing marriage licenses to same-sex couples. 
The Court has issued a series of orders in same-sex marriage cases over the past eleven months, but the Kansas order marked the first time that members of the Court had recorded dissents.  Justices Antonin Scalia and Clarence Thomas noted only that they would have granted the delay sought by the Kansas attorney general. 
Kansas officials had attempted to show that their case was different from others that the Supreme Court had chosen to leave undisturbed, arguing that the federal judge’s order was an invalid attempt to second-guess a Kansas Supreme Court order delaying the issuance of same-sex marriages.  The federal judge had rejected that claim, but it may have been the one that drew the implied support of Justices Scalia and Thomas. 
The state still has an appeal pending at the U.S. Court of Appeals for the Tenth Circuit, but that has little promise, because that appeals court has struck down bans in two other states in its region — Oklahoma and Utah.  The Supreme Court refused to review those Tenth Circuit rulings on October 6.  The Kansas ban is almost identical to those in other states.
The way Kansas is going, they need gay marriage and expensive gay weddings to stimulate the economy! This is Tea Party economics on display!


7 comments:

  1. When did this blog become the gay rights, gay marriage, gay everything blog? For the love of God talk about other issues! Gladys Perez leaving the bench for the doldrums of Shutts & Bowen, the fate of 73 W. Flagler, Jackie Schwartz hating Cubans or Hector Lombana tipping the scales at 400 lbs! Come on! Variety is the spice of life!!!

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  2. @9:33

    This blog posts daily, sometimes on the weekends. 95% of the stories have nothing to do with gay rights. But gay rights is the pressing civil rights issue of our time and we will cover it.

    Please, don't lecture us about variety while you stand there defending vanilla sex. To quote Dorothy Parker, "Heterosexuality is not normal, it's just common."

    With upwards of 10,000 hits on a good day, we must be doing something right.

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  3. Best thing about this blog? Gay muscle bears!

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  4. This is a blog for lawyers. The almost daily court rulings regarding SSM bans across the country are currently the most important national legal issue, so why wouldn't this lawyer blog be talking about it and updating us?

    @9:33-- most of the readers here are very well educated people, not swayed by conern trolling. That kind of thing might work better in the comments section of the Herald.

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