After Marriage

Thirty-seven states and the District of Columbia now recognize same-sex marriage, and the Supreme Court is poised to rule on the constitutionality of the remaining state same-sex marriage bans by the end of the term. Whether by judicial or legislative action, a vast majority of LGBT Americans will soon be able to enter into marriages that are solemnized and sanctioned by the governments of the individual states and that of the United States. But what happens "after marriage?" What will be the fate of the alternative family structures that were created by LGBT couples who sought protections in the absence of marriage? What will marriage equality mean for anti-discrimination laws in other contexts? What might be the unintended consequences of a marriage equality victory? 
  • Courtney Cahill, Donald Hinkle Professor, Florida State University College of Law
  • William Eskridge, John A. Garver Professor of Jurisprudence, Yale Law School
  • Nancy Polikoff, Professor of Law, American University Washington College of Law
  • Janson Wu, Executive Director, Gay & Lesbian Advocates and Defenders

A Briefing on the Marriage Equality Cases

On Friday, April 24, ACS hosted a briefing on the marriage equality cases. In the consolidated cases, the Court is asked to decide whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and whether it requires a state to recognize a same-sex marriage that was lawfully performed out-of-state. Panelists detailed the history of the marriage debate, the range of ways in which the Court could decide the case, and the implications of the decision on the future of LGBT rights. 
The panel discussion featured:
Caroline Fredrickson, President, American Constitution Society for Law & Policy
  • Amy Howe, Editor/Reporter, SCOTUSblog, moderator
  • Steve Sanders, Associate Professor of Law at the Indiana University Maurer School of Law
  • Paul Smith, Partner, Jenner & Block; Member, ACS Board of Directors
  • Sarah Warbelow, Legal Director, Human Rights Campaign