Like most of us I was disappointed that ‘Obergefell v. Hodges’ (Marriage Equality) decision was not announced today.
But I’ve been thinking that even though the Supreme Court typically only announces decisions on Monday and Thursday, they are not beyond a little humanity at least once in a while. With a favorable decision (Nationwide Marriage Equality or at the least a ruling that all states have to recognize marriages from other states) considered likely, I think the SC might release this decision on Friday, June 26. Though somewhat out of character for the SC this is what I think will happen for the following reasons:
1. To release the decision before San Francisco, New York and Chicago Gay Pride.
2. Counting Friday there are only 3 days left in June in which to announce decisions.
3. The SC typically issues only one landmark ruling on a single day. Today was ObamaCare, so tomorrow? I guess we'll see. :)
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David Lat an American lawyer, author and legal commentator seems to agree.
Some quotes from David:
[A]n Obergefell decision on Friday would coincide w/anniversary of Lawrence [v. Texas] (6/26/03) & [United States v.] Windsor (6/26/13). Coincidence?
Oh wow — maybe that’s why they’re doing hand-downs on Friday — Justice Kennedy has always had a sense of history!
That by itself would not tell us much were it not for the date. Lawrence v. Texas, the landmark case that upheld rights to intimate same-sex conduct, was issued on June 26, 2003. Windsor v. United States, which struck down key portions of the Defense of Marriage Act, came down on June 26, 2013. (Many prominent commentators had suggested it would come down June 27, a Thursday, which is a normal day for which the Court to hand down an opinion).
I agree with David. I think Justice Kennedy will consider Friday an ideal day in which to deliver the ultimate decision to uphold the Constitutional rights of LGBT people and the right of same sex couples to marry.
Will tomorrow be a day of celebration for the LGBT community? I’ll go on the record as making that prediction.
Yes I believe we will get Nationwide Marriage Equality and a
huge reason to celebrate and if indeed the decision comes out tomorrow (versus Monday or Tuesday) then an even bigger Pride celebration on Sunday than ever!
In fact I’ve been predicting for about 4 years now that the last half of 2014 or the first half of 2015 would be when we win Nationwide Marriage Equality!
UPDATE: June 26,2015 at around 10AM or so this morning east coast time! In a 5-4 ruling, the SC has stated that we now have Nationwide Marriage Equality!
Confirming Justices are: Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, Elena Kagan and of course as usual with LGBT rights cases, Anthony Kennedy casting the decisive vote!!
Dissenting Justices are (not surprisingly):Chief Justice John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito.
The full decision from the Supreme Court