Gay marriage (temporarily) legal in Oklahoma.

[MadCatTLX]

http://www.newson6.com/story/26715092/stay-lifted-same-sex-marriage-now-legal-in-oklahoma

So gay marriage is for now legal in Oklahoma and four other states after a decision (or lack thereof) by the supreme court means that the decision of a lower court stands. Of course the Governor and several politicians made negative comments that I'm sure most of you can recite without having to hear them. "Something something intrusive federal government something something god and traditional values something something states rights something something agendas." The actual quotes being:

Governor Mary Fallin released the following statement,

“The people of Oklahoma have the right to determine how marriage is defined. In 2004, Oklahomans exercised that right, voting by a margin of 3-1 to define marriage as the union of one man and one woman.

The will of the people has now been overridden by unelected federal justices, accountable to no one. That is both undemocratic and a violation of states' rights. Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas.

Today's decision has been cast by the media as a victory for gay rights. What has been ignored, however, is the right of Oklahomans – and Americans in every state – to write their own laws and govern themselves as they see fit. Those rights have once again been trampled by an arrogant, out-of -control federal government that wants to substitute Oklahoma values with Washington, D.C. values.”

Oklahoma Attorney General Scott Pruitt also issued a statement on the ruling:

“I am disappointed the Supreme Court chose not to grant a hearing of these cases. The states have long held primacy in determining what constitutes the definition of marriage. That is why the state, though not named in the lawsuit, filed ‘friend of the court' briefs encouraging the Supreme Court to take up for review the case from Oklahoma. As recently as 2013, the Supreme Court in the Windsor case recognized that marriage is a state institution and that states in fact do have primacy in determining what constitutes the definition of marriage. That makes the decision today by the Supreme Court not to take up these cases for review even more troubling.”

When I first heard the headline I was proud that my state had actually become one of the few that allowed gay marriage. Of course that pride vanished as soon as I heard it was only temporary and by force that such was legal.

[Ultimate Paragon]

Well, at least it's something.

[Thejebusfire]

It's good that our governor has put aside our state's problems with poverty and education to talk about the real important issue of not being allowed to be a bigot anymore.

[Stormwarden]

Umm, guys? You're neglecting the circuit court appeals that just got shut down cold by the SCOTUS. That means every state in those appeals circuits has to abide by those same laws. West Virginia and Utah are two states that apply in that regard.

[ironbite]

Yeah these aren't temporary things.  This is a permanent change.  Whatever the lower courts ruled, the SCOTUS just said it stands and we're not hearing these cases.  30 states just got a fast track to the 20th century.

Ironbite-the other 20 will follow.

[dpareja]

Yeah these aren't temporary things.  This is a permanent change.  Whatever the lower courts ruled, the SCOTUS just said it stands and we're not hearing these cases.  30 states just got a fast track to the 20th century.

Ironbite-the other 20 will follow.

Because so far, none of those lower courts have said anything other than "you've got to allow gay marriage, folks!" Wait for one of them to say otherwise and see how fast the Court grants certiorari.

[Nemo]

"Intrusive federal government"? Didn't the highest, most "federal" court in the land say they weren't going to get involved? A wise decision, I might add. In any case, if your governor doesn't like this, he'd better hurry up and get the voters to defeat this. Correct me if I'm wrong, but when gay marriage stays legal in a state for a few years, at that point it becomes harder and harder to challenge at the polls.

[Veras]

The Supreme Court refused to hear the case, but that's not exactly the same as them not getting involved.  It was a lower federal court that struck down the anti-marriage equality law in the first place.  By refusing to hear the case, the Supreme Court effectively affirmed the ruling of the lower court.  Refusing to accept the case is like saying that it is so obvious that the ruling made by the Court of Appeals (or Courts of Appeals, in this case) is correct, that they don't even need to hear it.

And, the voters can't defeat this.  Their law banning same sex marriage was struck down as unconstitutional, and any new law banning it would be equally unconstitutional.  In fact, now that same-sex marriage is legal, even the courts would have a hard time eliminating it.  The SCOTUS ruling on Prop 8 said that it was unconstitutional to take away marriage rights in a jurisdiction in which they had previously existed.  The only way outlaw same-sex marriage in those 30 states would be to amend the federal Constitution, which isn't going to happen.

[dpareja]

The Supreme Court refused to hear the case, but that's not exactly the same as them not getting involved.  It was a lower federal court that struck down the anti-marriage equality law in the first place.  By refusing to hear the case, the Supreme Court effectively affirmed the ruling of the lower court.  Refusing to accept the case is like saying that it is so obvious that the ruling made by the Court of Appeals (or Courts of Appeals, in this case) is correct, that they don't even need to hear it.

And, the voters can't defeat this.  Their law banning same sex marriage was struck down as unconstitutional, and any new law banning it would be equally unconstitutional.  In fact, now that same-sex marriage is legal, even the courts would have a hard time eliminating it.  The SCOTUS ruling on Prop 8 said that it was unconstitutional to take away marriage rights in a jurisdiction in which they had previously existed.  The only way outlaw same-sex marriage in those 30 states would be to amend the federal Constitution, which isn't going to happen.

The voters (or the legislatures) can vote against it again and again, and each time they do the marriages will stop, and the issue will be litigated, and some judge will point out that no, you can't do that. Eventually, even if the lower courts keep saying that, the Supreme Court might step in just to try to shut down all the nonsense (and that still won't work).

Probably the best way of getting the Court to hear the case, though, is to find a circuit court that will rule against same-sex marriage. At that point there's a dissonance in the federal courts and the Supreme Court would have to realize that it would be remiss in its duty to clarify and definitively interpret the law not to hear the case.

[Id82]

Any bets on the last state to allow gay marriage? Alabama or Mississippi?

[dpareja]

Any bets on the last state to allow gay marriage? Alabama or Mississippi?

A whole bunch simultaneously, when either the last circuit court rules in favour, or when the Supreme Court steps in.

[Askold]

Any bets on the last state to allow gay marriage? Alabama or Mississippi?

Any bets on will some state will try to secede from USA because of gay marriage?

[Witchyjoshy]

Any bets on the last state to allow gay marriage? Alabama or Mississippi?

Any bets on will some state will try to secede from USA because of gay marriage?

Texas will threaten to, then sit on their hands.

[Ultimate Paragon]

Any bets on the last state to allow gay marriage? Alabama or Mississippi?

Any bets on will some state will try to secede from USA because of gay marriage?

Texas will threaten to, then sit on their hands.

My Canadian friend keeps comparing Texas to Quebec.  And this is one of the major similarities.

[Old Viking]

When this issue finally settles down -- however long that may take -- the BillyBobs will find something else that's pissing God off and threatening civilization.