Obergefell Oral Arguments and Related News

SCOTUS Blog has posted a great round-up of the commentary so far on the oral arguments in Obergefell vs. Hodges, heard Tuesday morning. Obergefell is the same-sex marriage case currently before the Supreme Court, in which the Court is slated to decide both whether states may prohibit same-sex couples from marrying and whether they may refuse to recognize same-sex marriages performed in other jurisdictions. The arguments appear to have been a mixed bag, with many inferring that Justice Kennedy, who will almost certainly be the swing vote, is still deciding. I found this piece on the oral arguments by Lyle Denniston helpful and interesting. As for what a pro-same-sex marriage decision from the Court would mean for tribes, the short answer is that it wouldn’t be binding but most likely would be seen as strong persuasive authority in most tribal courts. Here’s a short article by Anthony Broadman on that issue (which also quotes my forthcoming law review article). And, somewhat relatedly, Indian Country Today has just published an article on the journeys of the Suquamish and Little Traverse Tribes toward marriage equality.