Constitutional Law,
U.S. Supreme Court
Apr. 25, 2014
Has same-sex marriage become a 'political question'?
A case before the 10th Circuit suggests that the U.S. high court may again be asked to determine whether states are free to define marriage.
Oral arguments recently held before the 10th U.S. Circuit Court of Appeals on whether the state of Utah's definition of marriage is unconstitutional suggest that the U.S. Supreme Court may again be asked to determine whether states are free to decide that "marriage" should be reserved for opposite-sex couples. Kitchen v. Herbert, 13-4178.
One of the 10th Circuit judges on the three-judge panel suggested that Utah's voters had the right to enact their definition of marriage....
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