Silly me! I thought the ruling of the U.S. Supreme Court legalizing same-sex marriage was a done deal. Maybe not. Herbert W. Titus and William J. Olson seem to believe other action could be taken.
Mr. Titus taught Constitutional Law for 26 years, and concluded his academic career as the Founding Dean of Regent Law School. Mr. Olson served in three positions in the Reagan Administration. “Together they have filed over 80 briefs in the U.S. Supreme Court, and dozens more in lower courts, addressing important public policy issues. They now practice law together at William J. Olson, P.C. They can be reached here or twitter.com/Olsonlaw.”
Mr. Titus and Mr. Olson authored an interesting article entitled “States Have Constitutional Duty to Seek Rehearing of Same-Sex Marriage Decision.” The article is about action the four states involved in the decision could take and urged the states to do so before July 21, 2015. They had two reasons for why at least one of the four stakes must file a Petition for Rehearing. Their summary of the situation is as follows: “Since the Supreme Court’s decision, it has been assumed that the `rule of law’ requires not just your four states, but every State, to recognize the `fundamental right’ of same sex couples to marry. However, this assumption overlooks two critical factors: (i) whether some of the Justices who participated in issuing that decision did so unlawfully; and (ii) the nature of the express limitations set out by Justice Kennedy in that decision. Because of these two critical factors, we urge all of you as Attorneys General, or at least one of you, file a Petition for Rehearing of this decision. Additionally, we urge all elected officials in those four states to impress on you the need to file a Petition for Rehearing. Although the Court’s decision purports to apply to all states – including the states that did not have an opportunity to present their arguments to the Court – only your four states can seek rehearing.”
Read the article and decide for yourself whether or not one or more of the four states should file a Petition for Rehearing. For myself, I can tell you that I think they should do it – and do it yesterday. As I write this, I have not heard if a Petition for Rehearing was filed. I certainly hope so.!