Back to the Library
Partner Paul M. Smith participated in a National Constitution Center podcast to break down the lines of reasoning pursued by the U.S. Supreme Court Justices about same-sex marriage. This week, the Justices heard two and a half hours of oral arguments in Obergefell v. Hodges, the historic case about same-sex couples who were denied a right to marry after a federal court upheld same-sex marriage bans in Ohio, Michigan, Kentucky and Tennessee. Marriage equality supporters believe the unions are permitted nationally under the Constitution’s Due Process and Equal Protection provisions. But the four states in the lawsuit believe same-sex marriage eligibility should be determined by the states and that the traditional definition of marriage should be respected. A decision in the case is expected in June. The full podcast is available here.
Joining Mr. Smith in debating the merits of the issues is John Eastman, the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He is a Founding Director of the Constitutional Jurisprudence Clinic, a public interest law firm affiliated with the Claremont Institute.
Mr. Smith is chair of Jenner & Block’s Appellate and Supreme Court Practice and co-chair of the Media and First Amendment and Election Law and Redistricting Practices. He has had an active Supreme Court practice for nearly three decades, including oral arguments in 16 Supreme Court cases involving matters ranging from free speech and civil rights to civil procedure.