Wednesday, July 03, 2013
Cohen on what's next for SSMApropos of my query last week about where the marriage equality movement goes next after Windsor and Hollingsworth, David Cohen at Faculty Lounge suggests "everyone just sue the bastards"--flood the courts with lawsuits challenging marriage bans (and other anti-gay laws), highlighting the already-strong arguments in favor of marriage equality, now helped by the language of Windsor. Unlike when Massachusetts legalized SSM in 2004 and the ACLU urged caution, Cohen argues, the legal and political terrain has shifted, such that victories are more likely in the lower courts (putting SCOTUS to one side). Interesting take.
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There are cases pending, both in Oklahoma and Texas, where briefing on the merits is complete (though supplemental briefing is likely to be ordered in light of United States v. Windsor.)
Posted by: Michael Ejercito | Jul 3, 2013 10:08:23 PM