Law and Justice

U.S. Constitutional Issues

REUTERS/Joshua Roberts - Vin Testa of Washington, DC, waves a gay rights flag in front of the Supreme Court before a hearing about gay marriage in Washington April 28, 2015. The nine justices will be hearing arguments concerning gay marriage restrictions imposed in Kentucky, Michigan, Ohio and Tennessee, four of the 13 states that still outlaw such marriages.

Blog Post

The same sex marriage cases: The missing argument

May 4, 2015, Richard Lempert

On April 28, the Supreme Court held arguments in Obergefell v. Hodges, a case testing the constitutionality of state laws that prohibit same-sex marriage. In this post, Richard Lempert outlines a persuasive argument that some of the lawyers missed. 

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