text: WASHINGTON (AP) — Both sides in the gay marriage debate agree on one thing: It's time for the Supreme Court to settle the matter. 
   
   FILE- In this June 26, 2013 file photo, gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court in Washington. Both sides in the gay marriage debate agree on one thing: It’s time... (Associated Press) 
   
   Even a justice recently said she thinks so, too. 
   
   The emerging consensus makes it likely that the justices soon will agree to take up the question of whether the Constitution forbids states from defining marriage as the union of a man and a woman. A final ruling isn't likely before June 2015, but a decision to get involved could come as soon as the end of this month. 
   
   "I don't see a lot of reasons for them to wait," says Dale Carpenter, a gay rights expert at the University of Minnesota law school. "You have almost no one at this point opposed to certiorari," the legal term for high court review. 
   
   Officials in five states in which marriage bans were struck down by federal courts have rushed their appeals to the Supreme Court, in time for consideration by the justices when they meet in private on Sept. 29. Moving at breakneck speed, at least for the legal system, Indiana and Wisconsin filed appeals on Tuesday, just five days after the federal appeals court in Chicago struck down their state bans. The Chicago decision itself came just nine days after judges heard arguments, extremely fast for a process that usually is measured in months. Officials in Oklahoma, Utah and Virginia also have appealed to the Supreme Court. 
   
   Adding to the momentum, the winners in all those cases — who typically want to preserve their lower court victories and would normally oppose Supreme Court review — want the justices to weigh in. As expected, so do the losers. 
   
   In all, 36 states, encompassing both those that allow same-sex marriage and those that don't, want the justices to join the fray. Thirty businesses, including Alcoa, Amazon, eBay, General Electric, Intel, NIKE, Pfizer and Target, say the Supreme Court should extend same-sex marriage nationwide because the "current patchwork of state laws causes employees justifiable uncertainty about how their employers and governments will treat their familial relationships." 
   
   The range of cases seems to meet the standard set by Justice Ruth Bader Ginsburg when she predicted in an interview with The Associated Press in July that the court would not look for ways to avoid ruling on same-sex marriage, as it did for many years on interracial marriage bans. 
   
   "I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation," Ginsburg said. "If a case is properly before the court, they will take it." 
   
   The speed at which gay marriage has moved through the courts stems from the Supreme Court's decision less than 15 months ago in U.S. v. Windsor to strike down a provision of the federal Defense of Marriage Act that denied a range of tax, health and veterans benefits to legally married gay couples. 
   
   Since that decision, nearly two dozen judges have relied on Justice Anthony Kennedy's opinion for the court to extend the Windsor decision to strike down state same-sex marriage bans in every region of the country. Only one federal trial judge, Martin Feldman in Louisiana, has upheld a state anti-gay marriage law. Elsewhere, two appellate judges have dissented from rulings in favor of same-sex marriage. 
   
   "We all know this is going to be decided one step up," attorney Monte Stewart said Monday in his court presentation in support of gay marriage bans in Idaho and Nevada. 
   
   "And we all know by whom," said appellate Judge Stephen Reinhardt. 
   
   Reinhardt was referring to Kennedy, the deciding vote in the Windsor case and the author of all three major gay rights decisions at the Supreme Court stretching back to 1996. 
   
   "Justice Kennedy has built himself quite a legacy on gay rights issues," said the University of Minnesota's Carpenter, doubting that Kennedy would repudiate that legacy by casting a likely decisive vote against the right to marry. 
   
   The Windsor decision expressly left open the question of whether states could limit marriage to a man and a woman, yet "courts are all looking to the Supreme Court's Windsor precedent as the rule of decision for challenges to state marriage laws," Colorado and 16 other states that do not allow same-sex marriage told the court in support of the state appeals. 
   
   Gay and lesbian couples can now get married in 19 states and the District of Columbia. Judges in an additional 14 states have struck down prohibitions but put the rulings on hold pending appeals. The federal appeals court in Cincinnati could issue a decision at any time affecting Kentucky, Michigan, Ohio and Tennessee. Appellate judges in San Francisco heard arguments Monday over bans in Idaho and Nevada. 
   
   The situation is strikingly different from the last time a state's same-sex marriage ban came to the Supreme Court — and that was only two years ago. Same-sex marriage then was legal in just six states. 
   
   "Talk about a journey. It's a movement that took a long time to get going, but it has really snowballed in the last two years," said James Esseks of the American Civil Liberties Union, which represents gay couples seeking to marry in Indiana, Virginia and Wisconsin. 
   
   Then, supporters and opponents of gay marriage squared off over whether the justices should even hear the case. Opponents urged Supreme Court review, while supporters pleaded with the justices to stay out of it. After all, they had won what they wanted in the lower courts, the invalidation of California's Proposition 8. 
   
   The court eventually agreed to hear the California case as well as the federal Defense of Marriage Act case. The justices issued a technical ruling in the California case that eliminated Prop 8 but left for another day whether same-sex couples elsewhere have a constitutional right to marry. 
   
   The prevailing view is that day will soon arrive. 
   
   ___ 
   
   Follow Mark Sherman on Twitter at: http://www.twitter.com/shermancourt ||||| Photo by Justin Sullivan/Getty Images 
   
   On Monday morning, the Supreme Court declined to review seven gay marriage decisions out of five different states. In each case, an appeals court had ruled that state-level gay marriage bans are unconstitutional. The Supreme Court's refusal to hear every case means that gay marriages can begin immediately in Indiana, Oklahoma, Utah, Virginia, and Wisconsin. 
   
   The move is unexpected and somewhat bizarre. Most court-watchers, including me, assumed the justices would wait to make a move on gay marriage until a circuit court ruled that state-level marriage bans were constitutional, swimming against the tide. At that point, the Supreme Court would be presented with a circuit split, essentially forcing it to wade in. And since the 6th Circuit seems poised to rule in favor of anti-gay-marriage laws, the justices probably would not have had to wait long. 
   
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   It appears, however, that the justices were not eager to keep gay couples in legal limbo while they awaited the 6th Circuit’s ruling. Instead, their move on Monday allows thousands of gay couples in five different states to wed legally. Should the 6th Circuit still rule against gay marriage, of course, the Supreme Court could take the case then. For now, however, the justices have rid themselves of the issue. ||||| That doesn’t mean, of course, that the court refused to hear those cases altogether. It simply means that the justices haven’t decided which, if any, of the cases they’d like to review. Conventional wisdom suggests that the court is waiting for a circuit court to rule against gay marriage before revisiting the topic; at that point, the circuits would be split on the issue, and the court would be more or less forced to intervene. Justice Ruth Bader Ginsburg recently suggested as much, noting that, until a circuit court found gay marriage bans to be constitutional, there would be “no need for us to rush.” ||||| Justice The Supreme Court Just Quietly Made Marriage Equality The Law Of The Land In Many States CREDIT: AP Photo/Richard Vogel 
   
   In a surprising anti-climax to one of the most important legal battles of the last several decades, the Supreme Court announced today that it would not hear several cases where federal appeals courts held that the Constitution guarantees same-sex couples the same marriage rights as straight couples. The announcement listed these marriage equality cases as part of a lengthy order listing the cases where the Court had denied review. The justices offered no explanation for their decision. 
   
   As a practical matter, however, this decision not to hear these cases is an earthquake for gay rights. The United States Court of Appeals for the Fourth Circuit, which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina, refused to issue a stay halting its order favoring marriage equality. Although the Supreme Court later stepped in with its own stay order, that order provides that the Supreme Court’s stay will “terminate automatically” if the Supreme Court denies review of the case. Now that the justices have done so, there should be no further legal barriers preventing marriages from beginning in those five states — although it is possible that there may be some delay before marriages may begin due to procedural steps that need to be taken by the judiciary. 
   
   The Court also denied review in cases arising out of the Seventh Circuit, which covers Illinois, Indiana and Wisconsin, and in the Tenth Circuit, which covers Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. It is likely that marriages will be able to begin quickly in those states as well — although it may be necessary for plaintiffs in some of those states to seek an order from a federal court requiring states that oppose marriage equality to comply with their obligations under the Constitution. 
   
   One thing that should be noted is that there are still marriage equality cases pending before conservative circuits that could rule against equality. Nevertheless, the fact that marriages are likely to begin very shortly in the states currently subject to court orders will make it very difficult for the Supreme Court to reverse course — and retroactively invalidate those marriages — in a subsequent opinion. ||||| These crawls are part of an effort to archive pages as they are created and archive the pages that they refer to. That way, as the pages that are referenced are changed or taken from the web, a link to the version that was live when the page was written will be preserved.Then the Internet Archive hopes that references to these archived pages will be put in place of a link that would be otherwise be broken, or a companion link to allow people to see what was originally intended by a page's authors.The goal is to fix all broken links on the web . Crawls of supported "No More 404" sites. ||||| The Supreme Court was asked to consider petitions for certiorari in seven separate cases challenging state laws barring legal recognition of same-sex marriage. On Monday morning, SCOTUSBlog reported, the Supreme Court denied all seven petitions. 
   
   Most commentators have assumed the Supreme Court would take one or more of these cases and (perhaps) conclusively determine whether the federal Constitution bars states from refusing to recognize same-sex marriages under state law. Yet all seven cases below had come out the same way. In all seven, lower courts struck down the challenged state laws, so there was no circuit split. 
   
   Given the lack of a split, I do not think it is at all surprising that the court denied these petitions. (Indeed, coincidentally, I was planning on writing a post raising doubts about when and whether the court would take on a same-sex marriage case.) There are several more cases pending in lower courts, including some in which there are reasons to suspect the states will prevail. If so, the court will have a split to resolve, making a grant a sure thing. If not, and same-sex marriage advocates run the table, the court can avoid resolving the issue. 
   
   Of course, on this issue, the real question is what Justice Anthony Kennedy thinks. Is he ready and willing to hold that the Constitution guarantees a right to same-sex marriage? Or is he still conflicted given his federalist sympathies? This may ultimately determine when or whether the court takes a case challenging a state prohibition on same-sex marriage and how such a case is resolved. 
   
   UPDATE: Roberts Barnes reports for the Post here. How Appealing rounds up more news coverage. 
   
   SECOND UPDATE: It’s worth remembering that Justice Ginsburg remarked last month that there was “no urgency” to taking a same-sex marriage case. At the time she noted that some circuits, such as the U.S. Court of Appeals for the Sixth Circuit, had yet to rule. As Dale Carpenter reported here, there is some reason to think the Sixth Circuit might well uphold the challenged state laws barring recognition of same-sex marriages, even if on particularly narrow grounds. That case was argued in August, and an opinion is likely in the next several weeks. 
   
   STILL MORE: Lyle Denniston explains here why most observers expected the Court to grant at least one of the petitions.
target: – The Supreme Court made a surprise decision this morning by refusing to hear appeals from five states trying to ban same-sex marriage, kick-starting a flurry of "What does this mean?" and "What happens next?" speculation. Some reaction: Under the headline "The Supreme Court Just Quietly Made Marriage Equality The Law Of The Land In Many States," Ian Millhiser writes at ThinkProgress that the "anti-climax" of a decision is, nevertheless, "an earthquake for gay rights" practically speaking. Though Millhiser notes there may be a waiting period and logistical obstacles for same-sex couples, he writes that looming marriages "will make it very difficult for the Supreme Court to reverse course—and retroactively invalidate those marriages—in a subsequent opinion." Over at Slate, Mark Joseph Stern calls the court's move "unexpected and somewhat bizarre," citing his own Slate piece last week in which he noted Justice Ruth Bader Ginsburg's recent comments that there was "no need for [the Supreme Court] to rush" until circuit courts found same-sex marriage bans to be constitutional. He brings up one other interesting point: "If no circuit court ever rules against gay marriage, the gay marriage question will be effectively settled, and the Supreme Court will never have to wade in again." Agreeing that "almost no one expected that to happen," Lyle Denniston writes at SCOTUSblog that the decision was so surprising because: the Supreme Court had actually been asked to review all seven state cases ("a rare thing … that almost never fails to assure review"); that the court appeared to have given recent indications it was ready "to confront the basic issue"; and that today's decision doesn't exactly sync up with last year's ruling in United States v. Windsor, which struck a major blow to the Defense of Marriage Act, as per the AP. Jonathan H. Adler at the Washington Post, however, wasn't terribly surprised, mainly because all petitions before the Supreme Court had already been nixed by lower circuit courts. Instead, Adler wants to know—especially since the decision came with zero comment from the judges—"is what Justice Anthony Kennedy thinks. … Is he ready and willing to hold that the Constitution guarantees a right to same-sex marriage? Or is he still conflicted given his federalist sympathies?"