David Alfini Quoted in Inside Counsel Article "The Supreme Court and Marriage Equality: A Look Forward"

David Alfini, a partner in the Hinshaw and Culbertson LLP Chicago office, was recently quoted in the InsideCounsel article "The Supreme Court and Marriage Equality: A Look Forward." The article takes a look at the United States Supreme Court's pending decision on marriage equality.  

Mr. Alfini mentioned that the legal perspective is a tricky one when looking at gay couples married in other states who move to states without marriage equality laws, who then have to face legal obstacles in terms of owning property, having children, etc.

“The constitution wants to have states to have certain rights… There is a fine line between states’ rights, and to govern their own needs and those of their citizens, and what will make the country work."

He commented that there will likely be a huge tension between states and the justice branch should the Supreme Court rule in favor of sweeping marriage equality, but he noted that it is also something that is impossible to forecast. 

Similarly, Mr. Alfini emphasized that Justice Kennedy seemed to be torn — during the oral arguments — on the idea of tradition. Although many believe that he will be consistent with his prior decisions.