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Just dropped · Trial Balloon · Ep. 195

Shake Up

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Trial Balloon · Ep. 195: Shake Up

Same-Sex Marriage Is Legal in Alabama

February 9, 2015 · 10:59 am ET · 43 Comments

“Alabama became the latest state to allow same-sex marriage Monday, as many probate judges defied an order by the chief justice of the Alabama Supreme Court and began issuing licenses and performing weddings,” the New York Times reports.

“Earlier, the United States Supreme Court quashed a final effort to delay the marriages as same-sex couples lined up at courthouses across the state.”

Rick Hasen: “What struck me about today’s dissent was Justice Thomas’s recognition that these stay orders signal what is likely coming on the merits: a constitutional right to same sex marriage. (I think at this point the only question is the vote: I can see 5-4, 6-3 (with Roberts joining Kennedy and the liberals) or perhaps, though least likely 7-2 (with Alito coming too).)  The tone was one of resignation of what is coming and a lament about the loss of the power of the states.”

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