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What Obergefell v. Hodges Should Have Said – The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision - Yale Scholarship Online
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What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

Jack M. Balkin

Abstract

The authors of this book, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, the book's editor provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond ... More

Keywords: Obergefell v. Hodges, same-sex couples, marriage, same-sex marriage, gay rights litigation, political mobilizations, marriage equality, American constitutional law

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780300221558
Published to Yale Scholarship Online: May 2021 DOI:10.12987/yale/9780300221558.001.0001

Authors

Affiliations are at time of print publication.

Jack M. Balkin, editor
Yale Law School