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Supreme Court Denies Review Of Same-Sex Marriage Cases, Bringing Marriage Equality To Five States [1]

['Chris Geidner', 'Buzzfeed News Reporter']

Date: 2023-07

WASHINGTON — The Supreme Court denied petitions on Monday in all seven of the cases challenging bans on same-sex couples' marriage rights, bringing marriage equality to five states and holding off high court review for now.

The decision not to take on the appeal in any of the pending certiorari petitions brings marriage equality to Indiana, Oklahoma, Virginia, Wisconsin, and Utah — meaning 24 states in the country have legal marriage equality.

It also makes the appeals court decisions striking down the marriage bans in those states the law of the land in the 4th Circuit, 7th Circuit, and 10th Circuit courts of appeals — a result that makes marriage equality likely to come in short order in all states within those circuits. This is so because the controlling precedent in those circuits now is that bans on same-sex couples' marriages are unconstitutional.

Among the other states in the 4th Circuit without marriage equality currently that would be impacted are North Carolina, South Carolina, and West Virginia. Among the other states in the 10th Circuit without marriage equality currently that would be impacted are Colorado, Kansas, and Wyoming. That, once resolved, would bring the total number of states with marriage equality to 30.

Arguments have been heard on marriage cases in the 6th Circuit and 9th Circuit courts of appeals, and decisions on the issue remain outstanding. The arguments in the 6th Circuit were the most split thus far in the five circuits to have heard arguments, and the case appeared to come down to the vote of Judge Jeff Sutton.

Cases are pending in the 5th Circuit and 11th Circuit courts of appeals as well.

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[1] Url: https://www.buzzfeednews.com/article/chrisgeidner/supreme-court-denies-review-of-same-sex-marriage-cases-bring

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