Letter to the Editor
Nov. 26, 2015
Professor Laurence Tribe's view of Obergefell opinion is problematic
Regardless of one's thoughts on same-sex marriage, it's clear that the real losers in Obergefell were not the dissenting justices, but the millions of Americans whose votes will not be counted on this issue. By Garrett M. Fahy
Writing in a recent edition of the Daily Journal, Harvard law professor Laurence Tribe seeks to do what Justice Anthony Kennedy struggled to do in his Obergefell majority opinion: provide some constitutional grounding for the same-sex marriage right the majority "discovered." ["A path to equal dignity," Nov. 17]. Tribe writes that the decision may "come to be recognized as a watershed in the court's fundamental rights jurisprudence" by "creating...
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