Sunday, August 31, 2014

Florida! – the whole state

While I was dealing with no power last week I missed this bit of news. A federal district judge has ruled Florida's ban on same-sex marriage is unconstitutional. Previously, four state courts overturned the ban, some of them in such a way that the ruling applied to only a county or two. This ruling applies to the whole state. Along with the ruling the judge issued a stay, so don't dash to the county clerk's office just yet.

Commemters to the story speculate about whether the Supremes will take up the first available case or wait until there is a conflict at the Circuit Court level. More speculation about how they would rule. One notes that Justice Kennedy's ruling a year ago striking down the Defense of Marriage Act brought on this flurry of rulings in our favor. How likely would it be for Kennedy to now douse the flame when he rules on actual same-sex marriage?

Another notes that when the Virginia case was stayed by the Supremes, the stay was written in such a way that if the Supremes don't take the case the stay expires. Is that a hint the Supremes don't want to deal with same-sex marriage?

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