Eat Your Spinach
Strict Scrutiny
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Obergefell: The Case for Sex Discrimination
In Obergefell, Chief Justice John Roberts asked questions about whether this case could be decided on sex discrimination grounds. That did not get played out at all in the opinions in Obergefell. The whole run up to Obergefell sort of pitted marriage equality as though it were the alpha and omega of LGBTQ civil rights. And I think we're seeing in this post-Obergefell landscape that in fact marriage equality only solves some of those issues and not even for everyone.
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