The U.S. Supreme Court’s refusal to take up the appeals of states seeking a ban on gay marriage was not based on the merit of the cases, and therefore leaves those states open to further action.
That’s according to Steve Schwinn, associate professor of constitutional law at The John Marshall Law School.
The Supreme Court Monday rejected a review of the appeals of five states looking to enforce a ban on same-sex marriage.
“The Court today declined to review lower court rulings striking same-sex marriage bans. This clears the way for same-sex marriage to go into effect in Indiana, Wisconsin, Utah, Oklahoma and Virginia, and other states with bans on same-sex marriage within those circuits.
“But while the Court’s decision not to review these cases allows same-sex marriage to go into effect in states where lower courts have struck a ban on same-sex marriage, this is not a ruling on the merits, and the Court left room for other lower courts to uphold bans on same-sex marriage. If and when a circuit court upholds a ban, the Court will certainly reconsider whether to hear the case.”
For more information, or to speak with Professor Steve Schwinn, please contact Christine Kraly at 312-427-2737 ext. 171, or ckraly@jmls.edu
