Same Sex Marriage

The Supreme Court will, before too long be hearing a number of cases where courts have thrown out state bans on same sex marriage. It is hard to tell for certain exactly how they will rule, but we can make some guesses. They threw out the California law against same sex marriage because the state chose not to defend the law, and it ended up being defended by a private group. The Supreme Court ruled that group had no standing to defend the law. Several of the states whose same sex marriage bans were overturned are also not having those bans defended by the states. Those laws are gone. 

The Supreme Court may dismiss the rulings overturning the laws without prejudice, for those states defending the laws, at least where the states would otherwise be compelled to issue marriage licenses to same sex couples. 

A second related issue is whether states could refuse to recognize same sex marriages performed in other states. There I suspect the Supreme Court may say that refusing to recognize marriages that were valid in those other states would violate equal protection, and may throw out those laws. No, the states that choose not to would not have to issue licenses to same sex couples, but neither could they refuse to recognize same sex marriages performed elsewhere.

Effectively that would spell the end of state bans on same sex marriage, without overturning all the laws directly. I am hardly a Supreme Court maven, but I doubt they would effectively reverse part of their prior ruling by letting everything stand as is. Neither do I think they will immediately sweep it all away. Public opinion is moving sharply towards allowing same sex marriage, at least across the country as a whole. The former confederate states will hang onto their same sex marriage bans a little longer, along with some more right wing Rocky Mountain states. The confederacy will be the last to fall, but fall it eventually will.

States have considerable latitude in setting rules for issuing marriage licenses, but that is not absolute. The Supreme Court overturned state laws against interracial marriage, and have the power to eventually do the same for same sex marriage. I just don’t think they will take that big a step at this juncture. Neither will the Supreme Court nor the states force churches to perform same sex marriages, where they feel it violates their religious values. As to non-religious organizations, who knows. 

I suspect it is in the interest of same sex couples NOT to patronize those establishments which are hostile to same sex marriage. Seriously, would you want your wedding cake baked, or your reception food catered by someone who was hostile towards your marriage? I would not trust the vendor to provide ‘unadulterated’ food. Those folks will become well known very quickly among their potential clients. In truth, if I were to remarry (and I am straight), I would not patronize an establishment that was hostile to same sex marriage. If they found I supported same sex marriage, they might treat me poorly as well. Beyond which, I try to make my money support my values, so I am less likely to want to patronize people with that viewpoint.