Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss Obergefell v. Hodges, which the Supreme Court will decide later this month. The case has sparked widespread media attention, protests, and the filing of 126 amicus curiae briefs. The court will address two questions: (1) whether state laws prohibiting same-sex marriage violate the Equal Protection or Due Process Clauses of the 14th Amendment; and (2) whether states have the power to refuse to recognize same-sex marriages lawfully performed in other states.
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