An alliance of more than one hundred non-governmental organisations yesterday staged a rally outside the Legislative Yuan urging the government to complete the necessary amendments that will pave the way for the legalization of gay marriage. Dubbed the "rainbow siege," reports indicate that more than 4,000 members of the public participated in yesterday's demonstration at the Legislative Yuan. Demonstrators attached 112 padlocks symbolizing the strangleholds of homophobic opinions labelled with the names of lawmakers on the gates of the Legislative Yuan facing Qingdao East Road. In response to the appeals of activists, 21 lawmakers accepted the invitation to unlock and remove the padlocks with "keys of equality." Demonstration organizers stated that among the 21 lawmakers openly expressing their support for equal marriage rights yesterday, four are aligned to the ruling party while 14 are from the opposition party, with two being independent lawmakers.The leader of Taiwan's opposition party has announced a public hearing on marriage equality later this month. Same-sex marriage is not presently legal anywhere in Asia, unless you count New Zealand. (Tipped by JMG reader Lulu)
The Supreme Court refused to get involved in the national debate over same-sex marriage Monday, leaving intact lower court rulings that will legalize the practice in 11 additional states. The unexpected decision by the justices, announced without further explanation, immediately affects five states in which federal appeals courts had struck down bans against gay marriage: Virginia, Indiana, Wisconsin, Oklahoma and Utah.
It also will bring along six other states located in the judicial circuits overseen by those appellate courts: North Carolina, South Carolina, West Virginia, Colorado, Kansas and Wyoming. The action will bring to 30 the number of states where gays and lesbians can marry. Appeals courts in Cincinnati and San Francisco are considering cases that could expand that number further, presuming the Supreme Court remains outside the legal fray.
It would be hard to find a close, or perhaps even a casual, observer of the Court who would predict with any confidence that the Court will deny review of all seven pending filings on same-sex marriage, from five states. The Court actually has been quite active on the issue this year: on three occasions, it has temporarily blocked lower court rulings that would have cleared the way immediately for same-sex marriages to begin or to be recognized, in Utah and Virginia.
Those orders suggest, if they don’t actually prove, that the Court is preserving either a chance for the issue to be explored further in lower courts without thousands of new same-sex marriages occurring, or a chance for the Justices themselves to weigh in on the issue before that happens.
Moreover, it would only take the votes of four Justices to grant review of any one of the seven new petitions, and there are four Justices who strenuously objected in dissent last year when the Court struck down a key part of the federal Defense of Marriage Act — a ruling that actually set off nearly three-dozen rulings by lower federal courts, striking down (with only one exception) state bans on such marriages.
When the Court privately discusses the new cases, as it almost surely did at last Friday’s closed-door Conference, it would not be hard to predict that those four Justices would be arguing energetically to take on the issue, provided that they had some reason to hope that, after such a review, they might gather a fifth, majority-making deciding vote from another Justice.
Those four Justices also surely know that, if the Court does opt to deny review of all of the cases at this point, such a denial would trigger the full implementation of appeals court decisions that would spread in a short period of time to eleven more states beyond the nineteen (along with Washington, D.C.) that currently allow same-sex marriage. That would almost certainly add an inevitability to the campaign to win same-sex marriage rights across the nation.
So, after the silence on Thursday, the focus now turns to Monday. The new list of orders, mostly denials, will emerge first and, before the end of the day, the Court will indicate whether it is rescheduling the same-sex marriage cases for another look, at a private Conference set for next Friday morning.
