Oct 6, 2014

Wisconsin Same-Sex Marriage Is the Law: US Supreme Court Denies Scott Walker Petition

Marriage equality is the law of the land in Wisconsin.

Scott Walker and the Republicans lose.

Amy Howe from SCOTUSblog (Bloomberg) reports the breaking news:

"[T]he Court denied review of all seven of the petitions arising from challenges to state bans on same-sex marriage.  This means that the lower-court decisions striking down bans in Indiana, Wisconsin, Utah, Oklahoma, and Virginia should go into effect shortly, clearing the way for same-sex marriages in those states and any other state with similar bans in those circuits."

([T]he Court denied) review (without any comment) of the seven petitions:  Bogan v. Baskin (Indiana); Walker v. Wolf (Wisconsin); Herbert v. Kitchen (Utah); McQuigg v. Bostic (Virginia); Rainey v. Bostic (Virginia); Schaefer v. Bostic (Virginia); and Smith v. Bishop (Oklahoma)."

The denial of cert by the US Supreme Court means the opinion of Justice Richard Posner of the Court of Appeals for the Seventh Circuit is the law of the land, striking down Wisconsin bans on same-sex marriage.

Judge Richard Posner's opinion affirming U.S. District Judge Barbara Crabb's June 2014 opinion and order in Wolf et al v. Scott Walker et al and a ruling from a consolidated case from Indiana, Baskin et al v. Bogan et al stand.

Posner's opinion stands out because of his opinion's description of "discrimination," "mindless tradition," "bigotry" and " irrational" denial of the Equal Protection Clause of the Constitution of the United States.

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