Four Key Unanswered Questions in Obergefell

Here is my list of the key unanswered questions in Obergefell v. Hodges.:

1. What level of scrutiny applies to claims of discrimination against LGBTQ people unconnected to the marriage question?

2. How is the Court to resolve the clash of religious liberty and marriage equality? The Court says almost nothing on this, other than a paragraph recognizing the right of religions and religious people to teach and speak against gay marriage?

3. What is the level of scrutiny to apply to laws that bar plural marriage (polygamy, polyandry)?

4. Is there is fundamental right to plural marriage?

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