The Fourth Circuit Court of Appeals overturned Virginia’s same-sex marriage ban, becoming the second circuit to do so (along with the Tenth).

It’s starting to look more and more like the Indiana/Wisconsin appeal (along with ten other states who joined) is set to be a potential game-breaker. If the Seventh Circuit determines the bans are unconstitutional, it’s going to be near impossible – if it’s not already – for states to justify the expense of arguing positions that have been repeatedly rejected in different courts.

That still leaves the Supreme Court, of course, and I’m sure Virginia, Indiana, et al., will file for certiorari in due time, but smart states will sit on the sideline and watch what happens on another state’s dime.