Supreme Court, marriage, marriage equality, gay marriage, same sex marriage, Obergefell, same sex, right to marry, marriage, choice


I am delighted with the result in Obergefell v. Hodges, but I am unhappy with the Court’s reasoning. In lieu of a straightforward, and far more defensible, decision based purely on the Equal Protection Clause, Justice Kennedy’s reliance on the Due Process Clause is deeply problematic.