At today’s U.S. Supreme Court marriage-equality arguments, the focus will be on whether the states’ marriage bans impermissibly discriminate on the basis of sexual orientation. But the marriage cases also involve old-fashioned discrimination on the basis of sex.
In states without marriage equality, men can marry only women, and women can marry only men. These arguments have not received as much discussion in the cases so far, but they will be before the high court all the same. And they were discussed thoroughly by Judge Marsha Berzon in a concurring opinion in the Ninth Circuit marriage case, Latta v. Otter.