With a silent decision, the Supreme Court of the United States has proven that inaction was the best action it could take.
The court refused to hear same-sex marriage appeals from Indiana, Oklahoma, Utah, Virginia and Wisconsin on Monday. This refusal sets a new tone for the same-sex marriage movement, inferring that soon the movement will become something of the past.
Yes, at some point SCOTUS might have to set a clear precedent with an actual ruling. No, this does not mean the fight is over. But this will change how all of the lower courts react to same-sex marriage cases.
The Supreme Court’s refusal to take the cases could mean one of two things: it did not have time to hear the cases, or it did not think the cases were worth its time.
I hope it was the second.
While I am a huge supporter of same-sex marriage, I have always thought it was and should be a nonissue. Our government has a long list of conflicts to solve, and same-sex marriage simply should not be one of them.
Whether or not SCOTUS intended to send this message, the pro-marriage equality movement is still benefiting from the court's refusal.
Now, more than 50 percent of Americans live in a state where same-sex marriage is legal. Although the justices only refused appeals from five states, this affects six others because they were bound by the same appellate rulings. As a result, the Supreme Court’s refusal affects 11 states total, and this will likely soon result in more than 60 percent of Americans living in a state where same-sex marriage is legal.
A movement with that much momentum simply cannot be reversed.
I doubt SCOTUS wants or cares to backtrack in such a trivial way.
If the Supreme Court had any intention of denying same-sex marriage in these states, it would have heard the cases and done so.
There is no way to twist the justices' refusal into an anti-same-sex marriage decision, and therefore, lower courts will have more credence in pro-marriage equality decisions.
The 20 states without legal same-sex marriage that this decision does not directly affect rest in a gray territory. This decision does not end their fight for same-sex marriage, but it does make it easier. With a Supreme Court that just indirectly legalized same-sex marriage in 11 states, meaning potentially three-fifths of the national population will have marriage equality, it would be difficult to convince me that the last 20 states will not follow suit.
From where I’m standing, we are that much closer to same-sex marriage being a nonissue in the U.S.
And that’s how it should be.
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