Lund in NY Times: Four Questions on SCOTUS Gay Marriage Decisions
Professor Nelson Lund responded to four questions posed to him by the New York Times as part of an analysis of Wednesday's Supreme Court rulings expanding gay rights.
Lund expressed his belief that the immediate effects on day-to-day life would be limited, with same-sex couples now entitled to certain federal benefits. He pointed out that the California case decided nothing about same-sex marriage, leaving the issue open to future litigation, while the DOMA case contained language that may prove helpful in challenges to state laws.
Lund remarked on an asymmetrical approach to federalism due to the differing mix of justices in the majority opinions and said he expected continued litigation over the constitutionality of state laws confining marriage to opposite-sex couples.
Live Analysis on the Supreme Court Decisions on Gay Marriage, The New York Times, June 27, 2013.