One year this week, the Supreme Court brought marriage equality back to California when it ended the Prop 8 case. It also declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional and, thereby, ushered in a year of unbroken marriage equality victories indebted to United States v. Windsor. The Supreme Court was equally as active today, deciding, for example, that police must get a warrant before searching cell phones upon arrest and that the Aereo streaming television service is illegal under the Copyright Act.
Unless you count the impending Hobby Lobby case, a challenge to Obamacare's requirement that employers offer their employees health plans that cover contraceptives, which raises the highly relevant question of how big of a donut hole will be carved out by so-called "religious exemptions" to equality legislation, our right to marry did not have a date at the Supreme Court this week.
But much progress was made in the lower courts.
The Ninth Circuit has refused to rehear the case in which it held that antigay discrimination merits heightened scrutiny. This means that pretty much any gay rights case out of the most populous circuit in the country -- stretching from Montana to Arizona and from Nevada to Alaska and Hawaii -- will more than likely end with a pro-equality ruling. Heightened scrutiny makes it nearly impossible to justify discrimination, which brings us closer to our goal of universal equality.
The Tenth Circuit affirmed District Judge Shelby's ruling that Utah's ban on same-sex marriage is unconstitutional. The 2-1 decision marks the first time a federal appellate court has ruled on a marriage ban in the post-DOMA world. The ruling, which included a stay pending Supreme Court review, sets the stage for several potential next steps, all of which may culminate at the Supreme Court.
And a district court judge in Indiana ruled that state's ban on same-sex marriage is unconstitutional. And there was no stay attached to the decision, so for now, gay couples can marry -- and are marrying -- already.
Judge Richard Young of Indiana was right. He remarked how he had never seen anything like this before: In the span of one year, marriage equality went from a handful of states with a loud opposition to victory after victory after victory since the Supreme Court decided the DOMA case.
In the coming days, I will summarize and analyze these decisions (and other legal developments affecting the LGBT community, but for now, let's discuss what happens next.
CONTINUED, AFTER THE JUMP...