“Taking Up Gay Marriage, but on Their Own Terms”

Adam Liptak for the NYT:

WASHINGTON — The first page of a petition seeking Supreme Court review is the most important. It sets out the “question presented,” the one the court will answer if it takes the case.

The justices do not ordinarily tinker with the wording of those questions. But on Friday something unusual happened: In agreeing to hear four same-sex marriage cases, the court framed for itself the issues it would address.

Lawyers and scholars scrutinized the court’s order with the anxious intensity of hypochondriacs attending their symptoms. Some saw an attempt by Chief Justice John G. Roberts Jr. to elicit a ruling that would stop short of establishing a nationwide constitutional right to same-sex marriage.

 

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