Is there any reason to doubt that Obergefell's days are numbered? (user search)
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  Is there any reason to doubt that Obergefell's days are numbered? (search mode)
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Author Topic: Is there any reason to doubt that Obergefell's days are numbered?  (Read 1079 times)
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« on: February 03, 2023, 01:32:42 AM »

If a genie gave a First Things or Crisis contributor three wishes and one of them was to put a case clearly challenging Obergefell on the Supreme Court docket for oral arguments to be heard this coming Monday, then I think it would be possible that five months from now we'd be looking at a permanent, codified post-Windsor but pre-Obergefell status quo across the land. But there's a whole gauntlet of steps that any such case would have to run beforehand, from a controversy arising in the first place to the Supreme Court granting cert and agreeing to rehear "Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?" rather than some narrower question. I have a hard time imagining a test case that would clear that gauntlet.
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