Constitutional Law,
U.S. Supreme Court
Dec. 20, 2012
Don't be so sure the court will decide marriage equality this term
In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching the merits. By Erwin Chemerinsky
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).
Contrary to all of the media stories, the Supreme Court may not decide the issue of marriage equality for gays and lesbians in 2013. In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching the issue of whether laws requiring that marriage be between a man and a woman violate the Constitution. In fact, in both United States v. Windsor, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12-307 (Dec. 7, 2012)...
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