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malthaussen

(17,175 posts)
Mon Oct 6, 2014, 01:09 PM Oct 2014

Marriage equality at the Appellate Level

Since the USSC has essentially left it up to the Courts of Appeals to decide marriage equality cases, here is a useful web site tracking litigation at the appellate level: http://www.freedomtomarry.org/litigation

The 5th circuit is pretty conservative. What do the legally-savvy have to say about the other Courts of Appeals?

-- Mal

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Marriage equality at the Appellate Level (Original Post) malthaussen Oct 2014 OP
The SCOTUS has sent a message to those other Courts of Appeals. MineralMan Oct 2014 #1
We can but hope. malthaussen Oct 2014 #2

MineralMan

(146,262 posts)
1. The SCOTUS has sent a message to those other Courts of Appeals.
Mon Oct 6, 2014, 01:18 PM
Oct 2014

It has essentially said that marriage equality is legal and constitutional. It will be very difficult for those other Courts of Appeals to rule otherwise, I think. Precedent is established by the Districts that have tossed the anti-marriage laws and by the SCOTUS refusing to hear appeals on these issues.

I believe the battle is all but over now, thank goodness.

malthaussen

(17,175 posts)
2. We can but hope.
Mon Oct 6, 2014, 01:27 PM
Oct 2014

The courts seem so politicized these days, I'm not completely sanguine that one of the appellate courts might not just go off on their own hook. Keeping the situation in flux in hopes of a GOP presidential coup in 2016, with the subsequent appointment of another conservative to the Court (Bader Ginsberg won't live forever).

The good news is that it appears at least one of the five men presently on the Court was not down with overturning the cases.

-- Mal

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