Tag Archive

Supreme Court

What the Obergefell Decision Could Have Been

Because there is already a great deal of excellent commentary on Obergefell v. Hodges, the landmark Supreme Court case decided last week, there is not much I can add of originality or value. (And there is even coverage of the decision already on this blog: Claire Potter has written an inspiring and historically rich essay on Obergefell which appeared here yesterday.) But there is an aspect of the majority decision, which, like United States v. Windsor (2013) and Lawrence v. Texas (2003)—previous Supreme Court cases significant to Obergefell—was authored by Anthony Kennedy, that I think deserves some greater discussion than Read more