Oral Arguments on Gay Marriage in the Supreme Court: What Was and What Wasn’t Said
Today the United States Supreme Court heard 150 minutes (60 minutes is the usual amount) of oral arguments in Obergefell v. Hodges , the appeal from the Sixth Circuit’s decision that upheld the right of the States of Ohio, Michigan, Tennessee, and Kentucky to ban gay marriages. For my discussion of that decision see http://douglaswhaley.blogspot.com/2014/11/gay-marriage-6th-circuit-jeffrey-sutton.html . The Court divided the oral arguments into two parts: 90 minutes on the question of whether the 14 th Amendment of the Constitution (equal protection, due process of the laws) requires the states to recognize gay marriages, and 60 minutes on whether gay marriages validly entered into in states recognizing such marriages (like my husband and my marriage in New York two years ago) must be honored in states that do not (like Ohio, where we live). A bit of terminology: since those in favor of gay marriage lost in the court below they are “petitioners” in the Supreme Court, w