Pratik Shah Comments on Supreme Court’s Same-Sex Marriage Ruling
Akin Gump Supreme Court and appellate practice co-head Pratik Shah was quoted by Law360 on the Supreme Court’s 5-4 decision in favor of same-sex marriage.
In analyzing the ruling, Shah noted one interesting aspect of the opinions on both sides was the use of history: “The dissenting opinions emphasize the traditional definition of marriage, through almost all of history, as between a man and a woman — a point central to the states’ argument. But Justice Kennedy’s majority opinion does not shy away from that history; rather, it invokes history to demonstrate that the institution of marriage has nevertheless evolved over time in significant ways. In that way, the majority uses history to bolster, rather than undermine, a right to same-sex marriage.”