I have corrected the error in my post. Reality, however, has made what I had written correct. Since it's now correct, I'm going to recycle what I wrote as I originally wrote it.
There are only six states that neither permit same-sex marriage nor have a case that an existing ban is unconstitutional. (Kansas, Mississipi, Montana, Nebraska, North Dakota, and South Dakota).
Counting only the states where all litigation has effectively ceased (someone could file a lawsuit challenging same-sex marriage in Massachusetts tomorrow; it just wouldn't have any chance of success), there are seventeen states where same-sex couples have a continuing right to get marriage licenses. After all, it wasn't long ago that Utah was the eighteenth state with marriage equality, but same-sex couples can't get licenses in Salt Lake City currently.
Including Arkansas in the group of states with current litigation, there are twenty-seven states in which it's still working its way through the courts. Or, to put it another way, there are twenty-seven states in which a court has rejected bans on same-sex marriage. Most of these were automatically granted appeals (and so we didn't get the situations as in Utah and Arkansas).
Today, Alaska joined the litigation club. That was the state I missed on Saturday. Joe Jervis has the details at Joe.My.God.
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