“If you choose not to decide, you still have made a choice.”
That quote, from the Rush song “Freewill,” seems to apply to the U.S. Supreme Court’s decision this week not to take up the issue of same-sex marriage in Virginia and elsewhere.
The decision to deny all petitions for writ of certiorari regarding the question is being hailed by proponents of same-sex marriage as a major victory, giving gay men and women in Virginia (as well as those in Utah, Oklahoma, Wisconsin and Indiana) the go-ahead to marry.
However, by not taking on the case, the Supreme Court has left in place a patchwork of laws regarding same-sex marriage, with some states permitting and recognizing them and others banning the practice. All this still leaves the question unresolved on a national level and presents many difficult situations.
For instance, what if a gay married couple from Virginia is driving through Mississippi (a state where gay marriage is banned) when an accident le...
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