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  • GOP Governors Refusing To Allow Same-Sex Marriage Despite Supreme Court Announcement

    Despite yesterday's announcement from the Supreme Court and rulings at the appellate court level, Republican governors are refusing to follow the law on same-sex marriage.

    When the Supreme Court declined to review any of seven same-sex marriage case from five states, rulings by the appellate courts became the final ruling and all stays the Supreme Court and the appellate courts had place on those rulings were lifted.

    The immediate effect was that same-sex couples in Virginia, Utah, Indiana, Wisconsin, and Oklahoma were allowed to marry, and they did. 

    But the next effect is that all states in the same judicial circuit, or region, as those cases were in, must follow the ruling of that Circuit Court.

    LOOK: The Same-Sex Marriage Map Just Changed Dramatically – Here's What It Looks Like

    Virginia, for example, is part of the 4th Circuit. West Virginia, South Carolina, and North Carolina make up the rest of that Circuit, so same-sex marriage should be, theoretically, legal in those states as well.

    Utah is part of the 10th Circuit, so same-sex marriage should be, theoretically, legal in Wyoming, Colorado, New Mexico, Oklahoma, and Kansas as well.

    So, same-sex marriage should now be legal in 30 states -- the previous 19 plus the five from yesterday's announcement and the additional six states that are part of those Circuits. Technically, states can wait for federal judges or their state supreme courts to specifically declare their marriage bans unconstitutional, but since the judges have no choice but to make that declaration, any wait is both manipulative and political -- not to mention cruel and punitive. Governors or attorneys general could easily decide to make marriage available to same-sex couples now, without delay, as Colorado's Republican Attorney General did today based on an earlier court ruling, or they could petition their state supreme court to overturn the ban immediately, or the rule immediately on an existing case.

    In other words, they could take action to pave the way for marriage, rather than promising to block it.

    As The New Civil Rights Movement reported yesterday, state and local officials are applying the Supreme Court's same-sex marriage announcement differently.

    And unfortunately, governors and attorneys general in some of the six states are outright refusing to follow what is now, whether they like it or not and whether they agree or not, the law.

    Kansas Governor Sam Brownback, a supposed devout Roman Catholic who has turned Kansas into an unmitigated disaster and is in a very rough re-election campaign, yesterday announced he would not follow the law.

    "I swore an oath to support the Constitution of the State of Kansas," Brownback in a statement  "An overwhelming majority of Kansas voters amended the Constitution to include a definition of marriage as one man and one woman. Activist judges should not overrule the people of Kansas." 

    It's unclear when the most conservative Supreme Court in recent history became "activists" on same-sex marriage (although on other issues, yes.)

    Couples in Kansas have been denied their now legal right to marry.

    In South Carolina, Republican Attorney General Alan Wilson is also refusing to follow the law. The AP reports Wilson "pointed out that a judge has not ruled on a lawsuit by a gay couple legally married in Washington, D.C., seeking to overturn the South Carolina gay marriage ban."

    The State reports Gov. Nikki Haley of South Carolina, along with AG Wilson, "said Monday they would keeping on fighting in federal court a lawsuit filed in 2013 by a South Carolina same-sex couple."

    “Governor Haley," a spokesperson said, "agrees with Attorney General Wilson – our voter-approved state law should be followed until a court rules on it directly.”

    In other words, stalling until the inevitable arrives.

    In Wyoming, Republican Gov. Matt Mead, who, ironically is an attorney, said that the "decision by the U.S. Supreme Court has no impact on the case before the Wyoming District Court.”

    "The attorney general will continue to defend Wyoming's Constitution defining marriage between a man and a woman," Mead added.

    Same-sex couples will have to wait there, too.

    Oklahoma Gov. Mary Fallin, as The New Civil Rights Movement reported last night, made clear she is vehemently opposed to allowing same-sex marriage. The divorced GOP governor actually railed against "unelected federal justices" and their "D.C. values."

    How long can these anti-gay Republicans stall?

    Not much longer.

    UPDATE: Breaking: Colorado Same-Sex Couples Begin Marrying – State Becomes First Of Six States

    Editor's note: This post has been updated for clarity.


    Image: Sam Brownback, via Facebook
    Hat tip: AmericaBlog


    Related At The New Civil Rights Movement:

    Long View: Why SCOTUS’ Same-Sex Marriage Decision Was Only Proper Option

    What Did The National Organization For Marriage Say About The Supreme Court Announcement?

    So, Ted Cruz Has Something To Say About The Supreme Court's Marriage Announcement...

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    Showing 28 comments

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    • commented 2014-11-14 14:56:49 -0500
      Thank you too, James :)

    • commented 2014-11-14 14:54:00 -0500
      you too Scott! Thank You!

    • commented 2014-11-14 14:53:46 -0500
      “So many confused and deceived, people’s lack of education don’t even know what they’re fighting for but yet they speak in a I’ll manner unintelligent way. "

      Nice sentence, Travis.

    • commented 2014-11-14 14:51:59 -0500
      awesome Kinsey6! Perfectly said!

    • commented 2014-11-14 14:32:06 -0500
      The courts are there to protect the tyranny of the majority, Travis. That’s how the system has always worked. The majority of people might vote for slavery… but the courts are there to protect people’s rights, make sure everything is Constitutional (and these state votes most definitely were UNconstitutional), and make sure everyone’s rights are protected. Scott Boucher explained it well.

    • commented 2014-11-14 13:46:32 -0500
      that’s not the way our system works, Travis. Our nation is a constitutional republic. Every state is part of this nation because they voted to ratify the US Constitution as the supreme laws of the land. Yes, every state can enact their own laws, but ultimately, if those laws come into conflict with the US Constitution, they are thrown out. It doesn’t matter how many people voted for it’s enactment…especially when it comes to civil rights. It’s how our system of government protects the rights of minority groups from the tyranny of the majority. If the state of Alabama enacted a law banning citizens age 80 and older from being on public streets after 5pm everyday, would you think it’s a fair law just because an overwhelming majority voted in favor of it? Please stop with the tired, “Let the People Vote” line.

    • commented 2014-11-14 11:39:16 -0500
      It’s about one thing, UPHOLDING the Constitution! One word, EQUALITY!

    • commented 2014-11-14 11:32:47 -0500
      TED HOLLAND says they are not following the law but yet the law of the land and the law of the people is traditional marriage. So going against that law would be not following the law. Not what the “few” thinks is the law!

    • commented 2014-11-14 11:26:58 -0500
      you are talking a lot of crap that you guys don’t even know. In most of the states that now legalize same-sex marriage the people overwhelmingly voted for traditional marriage. Show these people that are letting same sex marriage are not doing what they were hired to do and going against the majority for a few. This is not what America was founded on. So now we are catering to a few instead of the majority? How does that work? So many confused and deceived, people’s lack of education don’t even know what they’re fighting for but yet they speak in a I’ll manner unintelligent way.

    • commented 2014-10-09 07:00:27 -0400

    • commented 2014-10-08 17:18:34 -0400
      It’s UNBELIEVABLE that a DIVORCED governor like OK’s Mary Fallin would stall what is the inevitable. What a HYPOCRITE!! But a typical Christian too, which is where her very bigoted and homophobic views come from. Hasn’t she read her Bible at all? Women like her should be stoned according to it.

      So many Christians… so few lions.

    • commented 2014-10-08 11:37:36 -0400
      Any governor that is not following the law of the land is not doing his job. He should be immediately relieved of his position, the Lt Gov takes his place and the man should be prosecuted. He took an oath to uphold the law. Not the laws he likes but ALL the laws.

    • commented 2014-10-08 02:59:00 -0400
      Prosecute! Throw the book at them! Impeach!

    • commented 2014-10-07 21:46:16 -0400
      The governors in question (especially the lawyers) should go back and read Gitrow vs. New York. Even if they amend the state-level constitution, no government agency right down to village councils can enact or laws or policies that don’t abide by the Bill of Rights. If the Supreme Court has made a ruling on whether something is constitutional, they’re stuck with that

    • commented 2014-10-07 21:45:20 -0400
      i’m sorry for the kansas constitution but the u.s. constitution trumps you big time. but the gov knows this. he is just trying to keep the other narrow-minded repubs in their jobs come election time. tilting at windmills will get you nowhere morons.

    • commented 2014-10-07 21:08:29 -0400
      In North Carolina it isn’t the governor (though I don’t doubt that he would) but the speaker of the house and the president pro tem of the senate who are continuing the fight, insisting that the SCotUS denial is meaningless. I expect NC to include another attempt at the SCotUS. The state AG refused to continue fighting it in the summer.

      As for action in NC, the judge who issued the stay has given both sides ten days starting this past Monday.

    • commented 2014-10-07 20:56:27 -0400
      I live in Wisconsin, and our Tea Party guv made a point yesterday of saying he would follow the law in this matter Your article kind of puts that comment into perspective for me. Scott Walker is in a tough re-election fight, and now he looks almost centrist when compared to some other red state govervors. I expect more GOP types will pull a Walker, and position themselves as law abiding citizens now.

    • commented 2014-10-07 19:59:43 -0400
      I have to say that I find the title and caption for this story rather misleading and frankly sinking to the level of something you’d expect to see on Faux News or WND and not a site like this that usually posts some high-quality news.

      Paul is correct that the governors of Kansas, South Carolina, Wyoming et al. do have (for now at least) a very, VERY tenuous leg to stand on. I’m not aware of any legal precedent that says that a state not directly involved in an appellate court decision must immediately conform to that decision. The way it works is that the remaining cases in that state are now bound by the decision in the Virginia and Utah/Oklahoma cases respectively. They still have to be litigated to their conclusion, but now the plaintiffs can simply say “the 4th circuit’s ruling in Bostic controls this case” (to use SC as an example) and the judge will have very little choice but to overturn that state’s ban, and any further appeal would very quickly be shown the door by the appellate court unless the circumstances were drastically different (which I don’t believe is the case in any of these).. So we’re looking at a timetable of weeks (or possibly days for states like North Carolina and maybe Alaska) for these states being resolved instead of months.

      I think a correction would be in order, something along the lines of “Despite long odds, officials in Wyoming, Kansas and South Carolina vow to continue legal fight”

    • commented 2014-10-07 19:52:30 -0400
      This is exactly what is wrong with the Republican party! They exclude, a reason why they may not win the Presidential election in 2016! They kneel to the religious right which is getting smaller every year. Most young people are not religious! Wake UP!!!

    • commented 2014-10-07 19:50:01 -0400
      The sentiments are correct about standing in the way of progress, but the governors are technically right. This author does NOT understand the law!! The cases upheld overturned SPECIFIC state bans. It does NOT have “immediate effect” in the other 6 states in the 3 districts where bans were overturned. Someone needs to ask for expedited review in each of those 6 states and the governors may have several weeks left of holding onto their bans until the courts extend their existing rulings to those other states. That is NOT ‘immediate.’

    • commented 2014-10-07 18:32:43 -0400
      Rights aren’t to be voted on. We did not get to vote on their right to marry: They do Not get to vote on Ours! Their ‘vote’, will not carry, it’s going to end, they can cry and whine, kick and scream all the way…and when they’re done they can sit up and wonder what the Heck just happened after the change has already whizzed past them!

    • commented 2014-10-07 17:36:36 -0400
      Oh they most definitely were heard. No one took that right away from them. They kept presenting the same weak and hollow arguments over and over again . Their arguments were also condescending, humiliating, and downright nasty at times. As their losses racked up and desperation set in, their arguments grew even more mean-spirited.

    • commented 2014-10-07 17:18:10 -0400
      The right just wants to be heard? They have. Loud and clear, over and over and over and over and over…no matter how loud you are it doesn’t make you right.

    • commented 2014-10-07 16:31:49 -0400
      I think the right just wants to be heard. The Republicans probably also believe that the federal government has to much power. I am more inclined to agree with the last point.

    • commented 2014-10-07 15:36:46 -0400
      They’ll fight it until all of us vote them out.

    • commented 2014-10-07 15:15:02 -0400
      Either these people are completely unaware that the federal constitution OVERRULES state constitutions, or they are intentionally violating the federal constitution in a desperate attempt to cling to their homophobic “values.”

    • commented 2014-10-07 13:53:03 -0400
      Send in the troops! They love War, let’s give it to them, AGAIN! P.S. How does it feel to be told what you can and can’t do? Karma’s a BITCH!

    • commented 2014-10-07 13:28:09 -0400
      Patheticpatheticpathetic…do they really believe history will remember them as great warriors battling evil and injustice? Mary Fallin is the worst. Her straight-faced hypocrisy is unbelievable.

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