Obergefell Aftermath
July 6, 2015In three opinions — one for each state in the Fifth Circuit — the Court remanded the “gay marriage” cases in light of Obergefell v. Hodges. E.g., De Leon v. Abbott, No. 14-31037 (July 1, 2015). Noting that the Supreme Court addressed both the Fourteenth and First Amendments in its opinion, the Fifth Circuit observed: “We express no view on how controversies involving the intersection of these rights should be resolved but instead leave that to the robust operation of our system of laws and the good faith of those who are impacted by them.” (I was recently quoted by the Dallas Morning News about other matters related to Obergefell.)