Law schools are out of session for the summer, but faculty members spent June 26 parsing the U.S. Supreme Court’s majority decision in Obergefell v. Hodges and the three dissenting opinions. The case had generated a near record number of amicus briefs, many written or signed by law professors.
Thomas Nachbar, a professor of constitutional law at the University of Virginia School of Law, said he wasn’t surprised by the 5-4 ruling against state bans on same-sex marriages. But he’d expected the justices to apply the stringent rational-basis scrutiny to those bans, as it did in striking down the Defense of Marriage Act in United States v. Windsor.
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