The Volokh Conspiracy

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Crime

Supreme Court agrees to hear same-sex marriage cases

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The order is here, and it says the following:

14-556) OBERGEFELL, JAMES, ET AL. V. HODGES, RICHARD, ET AL.
14-562) TANCO, VALERIA, ET AL. V. HASLAM, GOV. OF TN, ET AL.
14-571) DeBOER, APRIL, ET AL. V. SNYDER, GOV. OF MI, ET AL.
14-574) BOURKE, GREGORY, ET AL. V. BESHEAR, GOV. OF KY, ET AL.

The cases are consolidated and the petitions for writs of certiorari are granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? A total of ninety minutes is allotted for oral argument on Question 1. A total of one hour is allotted for oral argument on Question 2. The parties are limited to filing briefs on the merits and presenting oral argument on the questions presented in their respective petitions. The briefs of petitioners are to be filed on or before 2 p.m., Friday, February 27, 2015. The briefs of respondents are to be filed on or before 2 p.m., Friday, March 27, 2015. The reply briefs are to be filed on or before 2 p.m., Friday, April 17, 2015.

The briefing schedule indicates that the Court will hear oral argument and decide the cases by the end of June—this Term rather than next Term.

I don't think there's a lot of uncertainty as to how the Court will rule. Justice Ginsburg's extrajudicial statements are usually a reliable guide, and her past comments suggest that there are already five votes for a right to SSM.