Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, March 10, 2015

Schaerr and Anderson on the upcoming SCOTUS marriage cases

Here is a Heritage Foundation backgrounder, by Ryan Anderson and Gene Schaerr, on the upcoming SCOTUS marriage cases. The paper focuses on the question of the appropriate role of the federal judiciary in directing or concluding the current debate about both what marriage is and what our laws regarding marriage should be. I expect the Court to decide that the Constitution requires states to include same-sex couples within their category of legal marriage but also think that the rationale the Court majority offers could well matter, going forward, for purposes of religious accommodations, etc.  (See this, for more.)  

 

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/03/schaerr-and-anderson-on-the-upcoming-scotus-marriage-cases.html

Garnett, Rick | Permalink