Married At Last! A Gay Lawyer Looks at What the Supreme Court Actually Said About Same-Sex Marriage
It was a surprise last Friday when the United States Supreme Court handed down the decision in Obergefell v. Hodges , the gay marriage case on appeal from the Sixth Circuit here in Ohio. No one really expected the decision until Monday, when the Court would be done for the year. It is so controversial I’d predicted the Court would throw it from the airplane door as they left National Airport; see http://douglaswhaley.blogspot.com/2015/04/oral-arguments-on-gay-marriage-in.html . Bravely, however, they handed it down while still in town. The oral arguments had scared me (as I mentioned in the above-cited blog post) when even the liberal judges questioned whether it was proper for unelected judges to be deciding such a big question of national importance, but in the end the predictable five-to-four majority (four liberals plus swing-vote Anthony Kennedy versus the four conservatives) came out in favor of striking down gay marriage bans in the f...