Tuesday’s oral arguments will center on the 14th Amendment, which prohibits states from depriving any person of “liberty” without due process of law.
But now the court has seized the initiative again, and we vehemently hope that it will rule quickly and unequivocally that the 14th Amendment requires states to issue marriage licenses to same-sex couples. Supreme Court has been “leading from behind” on same-sex marriage, allowing lower court decisions to transform the legal and social landscape in large parts of the country without weighing in itself.
