Same-Sex Marriage Before SCOTUS on Friday

At the Supreme Court's November 7th private conference they will vote whether to take up the Kim Davis lawsuit to dismantle same-sex marriages. It takes four of the justices to vote to grant certiorari to hear the case, and Roberts, Alito, and Thomas are vocal opponents of marriage equality, so only one more vote would be needed. If they do choose to hear the case, my guess is that they will follow the same pattern as they did reversing Roe v. Wade. They will give the right back to the states. Because 32 states still have laws that prohibit same-sex marriage, there would would be only 18 states, five territories, and Washington, D.C. where same-sex marriage would be legal. Here are what some legal scholars are saying.