Ari Ezra Waldman has a very good summary of the framing of the marriage cases to be heard by the Supreme Court on appeal from the Sixth Circuit. The questions the Court will address are:
The second question is giving some commentators shpilkies, as we used to say in Rogers Park: they see it as an indication that the Court may dodge on a ruling granting nationwide marriage equality. Waldman lays that one to rest quite effectively:
In other words, that question has to be presented, otherwise two of the cases are left out in the cold.
It's a quick read, has some useful history, and it's nice, concise, and very clear. Do it.
1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2. Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state?
The second question is giving some commentators shpilkies, as we used to say in Rogers Park: they see it as an indication that the Court may dodge on a ruling granting nationwide marriage equality. Waldman lays that one to rest quite effectively:
First, recall that there were four cases on appeal up to the Supreme Court and all four cases were consolidated and granted review. But the four cases were not identical. Two of them -- the Ohio case, Obergefell v. Hodges, and the Tennessee case, Tanco v. Haslam -- are exclusively challenges to the states' refusal to recognize valid marriages performed out of state. They are challenges to what are colloquially called "mini-DOMAs."
In other words, that question has to be presented, otherwise two of the cases are left out in the cold.
It's a quick read, has some useful history, and it's nice, concise, and very clear. Do it.
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