By Shradha Singh, Staff writer
Indecision and confusion seem to be popular emotions in the U.S. Supreme Court as of late. Perhaps the best example of this can be seen in the erratic behavior of the Supreme Court and one of its justices, Anthony Kennedy.
Just over a year ago, Kennedy ruled with four other justices to strike down the Defense of Marriage Act (DOMA), which prohibited the recognition of same-sex marriages granted by other states. This ruling allowed married same-sex couples to receive benefits. Yet on October 8, the judge ordered a temporary stay on same-sex marriages in the state of Idaho, after the state asked for a delay. Then the Supreme Court followed up just two days later striking down the stay, and allowing licensing for gay marriage to occur in the state. And, to make things even more complicated, the state of Nevada was caught in the middle, unclear whether Justice Kennedy’s stay applied to them, as Idaho had cited court cases from Nevada in its appeal.
The bewilderment of states like Idaho and Nevada is not new, and unfortunately over the past few months, has not become uncommon. The Supreme Court has long been reluctant to make a clear, definitive ruling on same-sex marriage, even when the issue finds its way to its own courts, as it famously did in June of 2013. Although the Court ruled five to four in favor of same-sex marriage rights at the time, the Court has still remained unclear on the constitutionality of same-sex marriage itself, a hesitancy not unlike that present in the 1960’s on the debate of interracial marriage, which was ultimately resolved in the now-historic Supreme Court case, Loving v. Virginia.
Instead, it has kicked the issue down to lower federal courts such as the 9th Circuit Court of Appeals, which has recently repealed several gay marriage bans brought to its table. But as conservative states increasingly turn towards the highest court of the land, and the Supreme Court remains increasingly unresponsive, or in the case of Idaho and Nevada, dizzyingly active, the result has been mass confusion, both on the part of states trying to retain ideas of traditional marriage between just a man and a woman, as well as states attempting to be a bit more liberal in their policies.
So far, same-sex marriage is legal in thirty-three of the fifty states, including California, where the 9th Circuit Court of Appeals has also been active, overturning a five year-old gay marriage ban in the state in 2013. This is a sharp increase from the only thirteen states that allowed same-sex marriage at the beginning of October. Part of the reason for this big jump is because of the surprising recent refusal of the Supreme Court to even hear appeals supporting gay marriage bans from several states, forcing them to provide marriage licenses to same-sex couples.
Three more states, including Kansas, Montana, and South Carolina, are also in the process of legalizing marriage between same-sex couples, as they continue to fumble their way through the federal appeals process. Even Texas, traditionally one of the most conservative states in the country, is beginning to come around, with gay couples challenging the state’s ban of same-sex marriage in a court case to be heard late November or early December. Only time will tell whether the repeals against gay marriage bans will continue, or whether the Supreme Court will once again confuse others by staying bans, removing bans, and repeating the process.