After reading Kerry v. Din, it appears the Supreme Court tipped their hand today on where they will fall on same-sex marriage.
The opinions in the cases had an obvious undertone regarding the scope of constitutional due process rights to marriage. While the majority opinion was comprised of all the Conservative justices, Justice Kennedy and Justice Alito refused to join the opinion in whole and focused only on the judgment writing "...rather than deciding, as the plurality does, whether Din has a protected liberty interest, my view is that, even assuming she does, the notice she received regarding her husband's visa denial satisfied due process."
This rationale offered by Kennedy, having originated in Court precedent (Kliendienst), was not contested by the four liberal Justices, rather they merely disagreed that the Consular Officer's statement was not adequate for denying the visa application.
My official marriage equality prediction now sitting at a 6-3 opinion.
Oh how far America has come...
No comments:
Post a Comment