Tuesday, October 07, 2014

So Much for Baker v. Nelson

Neil Siegel

Over at Scotusblog, I offer a Bickelian take on the Supreme Court's cert denials yesterday in same-sex marriage cases.

What I did not mention there is that it now seems harder for the Sixth Circuit to uphold state bans based upon the authority of Baker v. Nelson. The Supreme Court has not technically foreclosed such an outcome, of course, but one thing yesterday's action by the Court makes even clearer is that it does not view as controlling its 1972 dismissal of a challenge to a state law limiting marriage to opposite-sex couples.

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