The Volokh Conspiracy

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Volokh Conspiracy

A national right to same-sex marriage is a done deal


Last month, when the Supreme Court granted cert in the same-sex marriage cases, I noted the lack of uncertainty about to how the Court would rule. Today's denial of a stay in the Alabama same-sex marriage case is the latest piece of supporting evidence for that conclusion. Justice Thomas's dissent from the denial of a stay, joined by Justice Scalia, even acknowledges the implication: The denial of a stay after the Court has already granted cert to resolve the question "may well be seen as a signal of the Court's intended resolution" of the same-sex marriage cases. We'll have to wait until late June for the opinion, but I don't think the result is in doubt.