This includes the Fourth Circuit , covering Maryland , Virginia , West Virginia , North Carolina and South Carolina ; the Seventh Circuit , including Illinois , Indiana and Wisconsin ; and the 10th Circuit , which covers Colorado , Kansas , New Mexico , Oklahoma , Utah and Wyoming . David Toobin : Decision to let same - sex marriage rulings stand has big impact . 5 states with cases before court will support same - sex marriage ; others likely will , too , he says . Kennedy : Liberal , conservative blocs could n't count on Kennedy swing votes , perhaps . Toobin says the decision buys time ; it will sway Kennedy if more states get involved .
David Toobin : Decision to let same - sex marriage rulings stand has big impact . 5 states with cases before court will support same - sex marriage ; others likely will , too , he says . Kennedy : Liberal , conservative blocs could n't count on Kennedy swing votes , perhaps . Toobin says the decision buys time ; it will sway Kennedy if more states get involved .