Critical mass in marriage equality movement

[morningfog]

Today a federal court in Oregon rules the state's ban on same-sex marriage unconstitutional. This marks the 16th state (16!) to have its same-sex marriage ban ruled unconstitutional by a federal or state court since last year's Supreme Court ruling, United States v. Windsor, striking down DOMA. It has not even been a year since the Windsor.

Currently, there are 20 states (plus DC) with marriage equality in effect. There are another 8 states in which same-sex marriage bans have been stuck down, but stayed pending appeal. 28 states now have recognized marriage equality. We are past halfway and these decisions will hold. There has not been a single federal court to contradict this line of cases. There is no circuit split and no basis to overturn these decisions. Marriage equality is happening.

By any measure, we have reached the critical mass. Not even including the 8 states with the rulings stayed pending appeal, the population of the 20 states with full marriage equality is about 44 percent of the total US population.

It is amazing that this week marks the 10 year anniversary of the Massachusetts decision Goodridge that first recognized this right at the state level.

By the way, only Montana, South Dakota and North Dakota do not have an challenge to marriage bans pending. With the soundness and predictability of the law now, in a very short time, 47 states will have recognized marriage equality.

It may take a Supreme Court decision to bring them (and perhaps other stragglers) along. That too will happen soon.

Link to a beautiful map: http://www.motherjones.com/politics/2014/05/gay-marriage-states-legal-map

[Hekate]

1. Yes yes yes yes

[morningfog]

2. kick

[1000words]

3. I think it's great, but find irony ...

in the fact that marriage amongst U.S. heterosexuals is at an all time low, and it's decline shows no signs of slowing:

http://www.scientificamerican.com/podcast/episode/us-marriage-rates-keep-declining-13-07-31/

[shenmue]

4. Yay :)

Whee!

[merrily]

5. I am not surprised, but yeayyyy!

I was surprised that Oregon went the wrong way in the first place. I had always thought of it as liberal.

I could have a skewed view because my friends and I have always lived in cities. Maybe, once you go into the woods, you find the Kazinskis.

(See? It's possble to go over the top without violating Godwin's law.)

[morningfog]

6. Morning kick

[morningfog]

7. Kick for PA marriage ban falling today. AG not appealing.

[NuclearDem]

8. PA made it 29, and looks like Indiana may be making that 30 soon.