Civil Rights,
Constitutional Law,
U.S. Supreme Court
Oct. 15, 2014
Backing into marriage equality
I applaud the result of the Supreme Court's denying review in marriage equality cases involving five states, but disagree with its refusal to proclaim for the entire nation that gays and lesbians have the right to marry.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
I applaud the result of the U.S. Supreme Court's denying review in marriage equality cases involving five states, but I very much disagree with its refusal to hear this matter and proclaim for the entire nation that gays and lesbians have the right to marry. On Oct. 6, the court refused to review decisions of the 4th, 7th and 10th U.S. Circuit Courts of Appeals striking down laws prohibiting same-sex marriage in Indiana, Oklahoma, Utah, Virginia and Wisconsin. The result is that same-sex...
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