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Supreme Court still hasn’t decided on hearing same-sex marriage cases

The U.S. Supreme court released a list of cases it will hear this session, and not yet among them is any case related to same-sex marriage. The Court has not released its full list of orders and experts believe that may happen on Monday morning, Oct. 6.

“So to clarify, the Court did not act on any of the same-sex marriage cases. This could mean a couple of different things. It could mean that the petitions will be denied when the Court issues the rest of the orders from Monday’s conference — probably on Monday morning at 9:30 a.m.,” said Amy Howe of SCOTUSBLOG in a live blog as the Court’s orders were released. “It could also mean that the Justices are taking more time to look at the cases: there are seven different petitions, involving a couple of different issues and different stances by state officials. Even if there are four votes to take up the issue, they may need additional time to figure out which case(s) and which question(s).”

She noted that the next conference is scheduled for Friday, October 10. If review of same-sex marriage cases is not denied on Monday, October 6, it is likely no further orders would be released until Tuesday, October 14 (because October 13 is a federal holiday).

Another SCOTUSBLOG writer, Lyle Denniston, said it was unlikely the court would deny all seven of the same-sex marriage cases that have reached it.

“If the Court were to deny all seven petitions on marriage, that would release marriage rulings for 11 more states, the ones covered by the existing circuit court rulings, pushing the total to 30,” Denniston said. “It is rather doubtful that the Court that granted stays for Utah and Virginia is prepared for that to happen.”

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