If all goes as intended, the Supreme Court would consider the request (and similar ones from Oklahoma and Virginia) at the outset of its October term.
Much of the press and activist commentaries are treating a judicial redefinition of marriage for all 50 states as a foregone conclusion, but that analysis misses a very interesting twist in the legal arguments the court will hear that could dramatically impact the result.
In last summer’s Supreme Court decision (United States v. Windsor) invalidating the federal Defense of Marriage Act, the court characterized that law as unique in that it involved a federal definition of marriage in contrast to the typical pattern of federal laws deferring to state definitions in the realm of domestic relations. Given that, and the court’s belief that the law was motivated by “animus” on the part of members of Congress, the 2013 decision may be an anomaly.
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