June 26, 2013
The Supreme Court’s decisions in U.S. v. Windsor and Hollingsworth v. Perry on Wednesday (June 26) “were formally narrow but will have significant effects in advancing the cause of same-sex marriage,” Tulane Law School Dean David Meyer said.
“The court sidestepped the biggest legal questions – whether the Constitution recognizes a fundamental right for gays and lesbians to marry or whether discrimination against gays and lesbians should trigger a higher tier of judicial protection,” he said.
“But, as Justice [Antonin] Scalia accurately pointed out in his red-hot dissent, the court’s decision striking down the federal Defense of Marriage Act has plainly cleared a path for future legal challenges and will make it harder for states to defend laws denying marriage to same-sex couples.”
Meyer said the decisions “calculatedly leave more time for popular debate but also strongly imply that, in the end, there may be only one constitutionally permissible answer.”