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LOVE WON AT SCOTUS 26 JUNE 2015

Posted by · June 26, 2015 6:31 PM

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26 June 2015, WE WON! LOVE WON! Majority opinion by Justice Kennedy, 5-4. Per @SCOTUSblog, the Court's opinion relies on the dual rationales of fundamental rights AND equal protection and seems to go out of its way not to state a standard of scrutiny. "...the majority opinion rejects the claim that marriage is about procreation, even while saying that protecting children of same-sex couples supports the Court's ruling: "This is not to say that the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."

READ THE RULING

  • 26 June 2015, the slip opinion was issued - there are 25 days for parties to request a rehearing of the case before the binding mandate will be issued.
    • From the Rules of the Court, Rule 45. Process; Mandates
      • All process of this Court issues in the name of the President of the United States.
      • In a case on review from a state court [which Obergefell was], the mandate issues 25 days after entry of the judgment, unless the Court or a Justice shortens or extends the time, or unless the parties stipulate that it issue sooner. The filing of a petition for rehearing stays the mandate until disposition of the petition, unless the Court orders otherwise. If the petition is denied, the mandate issues forthwith.
      • In a case on review from any court of the United States, as defined by 28 U. S. C. § 451, a formal mandate does not issue unless specially directed; instead, the Clerk of this Court will send the clerk of the lower court a copy of the opinion or order of this Court and a certified copy of the judgment. The certified copy of the judgment, prepared and signed by this Court’s Clerk, will provide for costs if any are awarded. In all other respects, the provisions of paragraph 2 of this Rule apply.