Friday, January 16, 2015

Supreme Court will hear gay marriage case in 2 parts, groundbreaking decision by end of June, arguments in late April


The Supreme Court has agreed to hear the cases in the Sixth Circuit, where the appeals court upheld state bans on gay marriage.
      
According to the Washington Blade, story by Chris Johnson, the Court will allow up to 90 minutes of oral arguments on one question (whether the 14th Amendment requires a state to license same-sex marriage) and 60 minutes more on the recognition of out-of-state marriages, under Full Faith and Credit, link here. Is this a due process (incorporation clause) case, or an equal protection case (more likely)? 
   
There are two deadlines for briefs, March 27 and April 27.  Oral arguments will happen immediately, with a decision in late June.  The downside is that a “wrong decision” could invite many “red” states to invalidate gay marriage, even though many states in the coastal and northern parts of the country might keep it.  

No comments: