As of today there are now 18 states that allow gay marriage as neither Oregon nor Pennsylvania is going to appeal recent court opinions. Illinois will become number 19 on June 1st.
Seven states are pending the appeal of court decisions declaring laws or amendments prohibiting gay marriages unconstitutional. Two more states have been ordered to recognize out of state same sex marriages.
Basically the Supreme Court decision striking down DOMA has opened the flood gates and in the final analysis it will be up to the Supreme Court to either (a) shut them again, (b) leave them open for the long painful process of fighting the battle state by state or (c) put an end to all gay marriage bans.
In order to shut them again the Supreme Court would have to rule that State Constitutional amendments or laws banning gay marriages are constitutional. They could allow the long painful process by simply refusing to review the question and they could end all gay marriage bans by declaring amendments and laws that prohibit gay marriage unconstitutional.
When the question finally gets there, what are they going to do?
Either (a) or (b) results in an ongoing state by state fight but (a) gives the advantage to the forces of darkness while (b) gives it to the forces of light.
Does John Roberts REALLY want to be remembered as being on the wrong side of history? Hopefully not and the court will go with (c) or at least (b).
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