Having just read the opinion of the Fourth Circuit in the Virginia marriage equality case, where the judges agreed with the trial judge that Virginia's ban on same-sex marriage is unconstitutional, one sentence jumped off the page.
Previously the Supreme Court had deferred to state courts on the interpretation of state laws of marriage.
But the Windsor case changed the ground rules. As the opinion notes:
Every federal court to consider this issue since the Supreme Court decided United States v Windsor, 133 S. Ct. 2675 (2013) has reached the same conclusion
Every Federal District Court to hear arguments
Multiple Federal Circuit Courts of Appeal to hear appeals from those District Courts
This is now a clear federal issue, and on those grounds, and the precedents, which include Loving v Virginia as well as Windsor, bans on marriage equality seem likely to continue to fail.
There were four votes against Windsor. Thus in theory there could be 4 votes to grant certiorari and take up appeals. But that would allow the Supreme Court, if the Windsor majority holds, to overturn ALL bans against marriage equality.
Which is why judges from the majority in Windsor may be the ones to decide to grant certiorari and make marriage equality a part of the rights guaranteed to all under the U S Constitution.
Just thought this was worthy of bringing to the attention of folks.
I had posted the info as a comment on the other diary, but (a) messed up the html, and (b) still think this is worthy of separate attention.
Peace.