This is the court's boomstick, as states in the South's 5th Circuit Court are finding out as they are now officially ordered to comply with allowing same-sex marriages.
A federal appeals court on Wednesday afternoon directed the district courts in Louisiana, Mississippi, and Texas to issue final orders ending enforcement of the states’ respective bans on same-sex couples’ marriages.
In the Texas case, in which the trial court had struck down the ban, the 5th Circuit Court of Appeals, in an opinion by Judge Jerry E. Smith, wrote that “the injunction appealed from is correct in light of Obergefell, the preliminary injunction is AFFIRMED.”
In the Louisiana case, in which the trial court had upheld the ban, the appeals court, in a second opinion by Judge Smith, wrote that “the judgment appealed from is REVERSED, and this matter is REMANDED for entry of judgment in favor of the plaintiffs.” Notably, Smith added: “The district court must act expeditiously on remand, especially in view of the declining health of plaintiff Robert Welles,” a plaintiff in the case.
In the Mississippi case, in which the trial court had struck down the ban and refused to issue a stay of the ruling during the state’s appeal — leading the appeals court to issue a stay — the court stated that “the injunction appealed from is correct in light of Obergefell” and, therefore, “the preliminary injunction is AFFIRMED.” It also lifted its earlier stay of the district court’s ruling.
The Mississippi opinion came last, likely a result of the fact that Gov. Phil Bryant initially had said he opposed the plaintiffs’ motion to put a quick end to the case after the June 26 Supreme Court ruling striking down marriage bans.
In all three cases, the appeals court ordered the trial courts to act on the final resolution of the cases “by July 17, 2015, and earlier if reasonably possible.”
The last bastions of stupid, bureaucratic bigotry are falling on this, and as they say, power concedes nothing without being forced. Meet the force, guys. Especially you, Bobby Jindal.
And have a happy ceremony.