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Supreme Court clears way for gay marriage in 5 states

Gay marriage will become legal in five more states following the Supreme Court's decision not to review appeals on federal court rulings striking down bans.

By Gabrielle Levy
Same-sex marriage supporters rally earlier in front of the U.S. Supreme Court in Washington, D.C. FILE/UPI/Kevin Dietsch
Same-sex marriage supporters rally earlier in front of the U.S. Supreme Court in Washington, D.C. FILE/UPI/Kevin Dietsch | License Photo

WASHINGTON, Oct. 6 (UPI) -- The U.S. Supreme Court on Monday denied review of all seven petitions related to state bans on gay marriage, immediately clearing the way for marriages to begin in five states.

All seven petitions, from Indiana, Oklahoma, Utah, Virginia and Wisconsin, were appeals after federal courts upheld rulings overturning state bans on same-sex marriages.

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The move indicates the court's unwillingness to revisit the issue until a federal court upholds a state ban, creating a split in circuit opinions.

Still, it comes as a major surprise, as court watchers until recently believed the justices were eager to have the last word. The court intervened, delaying marriages in Utah and Virginia, in the two instances in which lower courts did not stay their own rulings pending appeal.

Because just four of the nine justices must agree in order to grant review, the quartet of conservative justices who dissented when the court struck down the federal Defense of Marriage Act last could have forced the issue.

Instead, Monday's decision lends an air of inevitability to same-sex marriage eventually becoming the law of the land.

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While cheering the court's move, Freedom to Marry founder Evan Wolfson cautioned that the delay means some same-sex couples are left out in the cold.

"We are one country, with one Constitution, and the court's delay in affirming the freedom to marry nationwide prolongs the patchwork of state-to-state discrimination and the harms and indignity that the denial of marriage still inflicts on too many couples in too many places," he said. "As waves of freedom to marry litigation continue to surge, we will continue to press the urgency and make the case that America -- all of America -- is ready for the freedom to marry, and the Supreme Court should finish the job."

In practice, the court's decision will likely invalidate bans in other states covered by the three federal circuit courts involved in the seven petition cases. Couples in Colorado, Kansas, Wyoming, North Carolina, South Carolina and West Virginia may also soon be able to marry, thanks to the court's inaction.

The decision also follows a precedent set by the court when striking down bans on interracial marriage. The court delayed until 1967, after 34 states had already allowed interracial couples to marry, to weigh in.

Based on Monday's ruling, the total number of states allowing same-sex marriage will increase from 19 to 24, plus the District of Columbia. Meanwhile, public opinion polls began showing majority support for gay marriage nationwide in 2010, and in 2014, various surveys find between 55 and 59 percent of Americans approve.

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