But that is not likely to happen soon.
The Supreme Court’s decision rightly puts the question of marriage law back into the hands of the states. The majority ruled that Congress did not have the power to interfere with what is essentially a state duty.
On the same day, in a separate, but related case, the court sent an appeal of California’s Proposition 8 back to the state. Proposition 8 forbids same-sex marriage. It is state law, but state officials refused to defend it. The court therefore ruled that those bringing the case did not have the proper legal standing to do so.
A lower court ruling that invalidated Proposition is now in effect. California is likely to become the 14th state to recognize same-sex marriages.
When that happens, 30 percent of the nation’s population will live in states that recognize same-sex marriages. But if you look at a map, those states are generally considered blue states.
Thirty other states have constitutional provisions that limit marriage to a man and a woman. The next big court battle likely will be fought over the rights of same-sex couples to have their marriage recognized in other states.
The cultural war in the nation is not over.
Wednesday’s majority decision was written by Justice Anthony Kennedy. As with most of his decisions, analysts will be spending a lot of energy deciphering exactly what he meant. How far did his federalist approach go? In the court’s view, will the states always have the last word on what defines marriage? Will this lead to problems between the states? Will this affect businesses, for example, that transfer employees from one state to another?
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