There’s tentative reason to think the Supreme Court may rule in favor of gay marriage, according to Slate.
The Supreme Court hasn’t done a lot in the best interest of Americans lately. Last year saw the Corporatist Court of John Roberts serve up a number of devastating rulings to the American People. However, if Slate is to be believed, the upcoming ruling scheduled for the end of the term maybe a victory for We the People.
I’m cautiously optimistic.
On Monday, the SCOTUS refused to stay a federal judge’s order invalidating Alabama’s ban on same-sex marriage. Now, the order to remove the ban on same-sex marriage in Alabama got the Christian Conservatives all worked up, and the governor promised to fight the order — state’s rights, religious foundation, blah, blah, blah, you’ve heard it all before. Anyway, by refusing the grant the stay, the SCOTUS immediately triggered a “constitutional crisis” between the federal judiciary and the state’s “lawless” chief justice.
They also confirmed the speculations of court-watchers: that the court may rule in favor of nationwide marriage equality:
Here’s how Monday’s decision reveals the justices’ intention to strike down gay marriage bans across the country. Typically, the justices will stay any federal court ruling whose merits are currently under consideration by the Supreme Court. Under normal circumstances, that is precisely what the court would have done here: The justices will rule on the constitutionality of state-level marriage bans this summer, so they might as well put any federal court rulings on hold until they’ve had a chance to say the last word. After all, if the court ultimately ruled against marriage equality, the Alabama district court’s order would be effectively reversed, and those gay couples who wed in the coming months would find their unions trapped in legal limbo.
But that is not what the court did here. Instead, seven justices agreed, without comment, that the district court’s ruling could go into effect, allowing thousands of gay couples in Alabama to wed. That is not what a court that planned to rule against marriage equality would do. By permitting these marriages to occur, the justices have effectively tipped their hand, revealing that any lower court’s pro-gay ruling will soon be affirmed by the high court itself.
Another sign pointing in that direction came from the dissenting judges in Monday’s denial of the stay; Justice Clarence Thomas and Justice Antonin Scalia. They were not joined by two other foes of marriage equality, John Roberts or Samuel Alito, which is telling in and of itself, but it was the statement released by Thomas the Tanked Justice that’s especially telling. In it, he noted that “acquiescence” to gay marriage in Alabama “may well be seen as a signal of the Court’s intended resolution” regarding how constitutional marriage bans are. While Slate notes that both men meant this as a warning, for the rest of us, they say, it should be seen as a white flag.