The Supreme Court’s recent 5–4 decision in Obergefell v. Hodges legalizing same-sex marriage across the United States has already spawned speculation about “what will be next” in expanding marital rights. As the Supreme Court noted, “[t]he history of marriage is one of both continuity and change. That institution … has evolved over time.” Interracial marriage, equality between husband and wife, and same-sex marriage were all excluded for long periods of time under our Constitution but now have been sanctioned and protected by the courts. While these changes have come slowly, and courts are unlikely to take the next step in expanding marital rights for some time, the courts are probably not finished expanding the legal definition of marital rights.
Robot-human marriages might be next on the list. Probably not soon, admittedly, but it nevertheless will be an inevitable part of our future. Indeed,...
