Tuesday, August 19, 2014

Did a 1972 Supreme Court Already Decide Right to Gay Marriage?

From WaPo

A whole lot of judges who are being asked to decide whether states may ban same-sex couples from marrying think the Supreme Court clearly gave them the answer last year: no.

But a few judges think the Supreme Court provided the answer more than 40 years ago: yes.

More: 

That reading comes from a one-sentence order the court issued in a 1972 case, Baker v. Nelson, which said there was no “substantial federal question” in a state’s decision to ban same-sex marriages.

The dismissal of that long-ago case might be the reason that same-sex marriage supporters see their winning streak in federal courts come to an end.

http://lawprofessors.typepad.com/gender_law/2014/08/did-a-1972-supreme-court-already-decide-right-to-gay-marriage.html

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