The case of Umphress v. Hall is ripe with teachable moments, and Professors Vikram Amar and Jason Mazzone gladly took the bait in a recent two-part series of articles published at Justia Verdict. The case involves a judge in Texas who is seeking declaratory and injunctive relief from the Fifth Circuit because he refuses to perform same-sex weddings because of his religious convictions. In the first part of the series, Amar and Mazzone examine the “justiciability” of the case; that is, whether a federal court can or should entertain a particular dispute. In part two, the authors examine how the case may be determined and the central question of whether judges may discriminate in officiating a marriage.
