“I’m expecting a decision that is either all or nothing. And, I expect that the Court will rule that there is a constitutional right that protects same-sex couples’ right to marry.”
Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and author most recently of Marriage Equality on Trial, discusses his impressions of the April 28 oral arguments in Obergefell v. Hodges. Yoshino describes his sense of the Court from the arguments; the major legal arguments made and the relevance of changing rationales opposing same-sex marriage; the question of what level of legal scrutiny the Court may apply; the importance of children to Justices’ thinking about same-sex marriages; what happens next; and what questions from Chief Justice John G. Roberts, Jr., about discrimination based on gender rather than sexual orientation might mean.
(Fabrizio di Piazza)
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