BAKER ET AL.

v.

NELSON

Citator

Cited By

• Simpson v. State (Fla. 5th DCA 2023)
  …ts rushed to assert new rights elsewhere, even anticipatorily overruling the Supreme Court in their race to do so. E.g., Obergefell v. Hodges, 576 U.S. 644, 663, 681–85 (2015) (citing scores of lower court decisions that disregarded Baker v. Nelson, 409 U.S. 810 (1972)); id. at 675 (acknowledging that Baker controlled the lower courts by declaring that “Baker v. Nelson must be and now is overruled”); Hand v. Scott, 888 F. 3d 1206, 1208 (11th Cir. 2020) (“The district court concluded that, ‘[u]nlike a fine w…
• Obergefell v. Hodges, 135 S. Ct. 2584 (U.S. 2015)
  …Court's cases describing the right to marry presumed a relationship involving opposite-sex partners. The Court, like many institutions, has made assumptions defined by the world and time of which it is a part. This was evident in Baker v. Nelson, 409 U.S. 810, 93 S.Ct. 37, 34 L.Ed.2d 65, a one-line summary decision issued in 1972, holding the exclusion of same-sex couples from marriage did not present a substantial federal question. Still, there are other, more instructive precedents. This Court's case…

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• Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982)
  …ppeal challenging a Minnesota law which authorized heterosexual but not homosexual marriages was dismissed by the Supreme Court for want of a substantial federal question. See Baker v. Nelson, 291 Minn. 310, 191 N.W. 2d 185 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. 37, 34 L.Ed.2d 76 (1972), a case decided after Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967), but before Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). “A summary dismissal by the Supreme Co…