Same-Sex Marriage, Re-revisited

April 27, 2015

Oral argument in Obergefell v. Hodges, No. 14-556 (and related cases) happens on Tuesday, April 28, 2015. Obergefell is one of the parties in the Sixth Circuit cases which created the circuit split on same-sex marriage, providing the Supreme Court with a reason to take up the subject. (I wrote about this subject on November 17—Same Sex Marriage in Michigan, Ohio, Kentucky, and Tennessee: An Analysis of DeBoer v. Snyder—and again in DeBoer v. Snyder: An Update on January 19, 2015.)*

The Court will consider whether: (1) the Fourteenth Amendment require a state to license a marriage between two people of the same sex; and (2) the Fourteenth Amendment require a state to recognize a marriage between

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