Cato’s Caleb Brown interviews me on the immediate legal implications of this week’s same-sex marriage cases. Because we spoke the day after the ruling, some of my comments have already been outrun by events; for example, it took only a day or two, not weeks, to overturn the Ninth Circuit stay and begin holding marriages. And the Obama administration has now declared that it will extend federal recognition to all lawfully issued marriage licenses even if not recognized in the state of a couple’s domicile, which had been one of the two biggest immediate practical uncertainties. (The other is the question of retroactive effect: will taxpayers, for example, be allowed to amend filings for past years?) Given the recognition of marriage licenses obtained outside a state of domicile, “States like Texas and Florida will begin noticing — or perhaps they won’t notice — that some of their citizens are getting some federal benefits that somewhat foil their state policy.”
A link to the podcast is here.