Last week, a federal district court in Missouri joined a chorus of state courts in striking down the state's ban on gay marriage. In doing so, that court set aside precedent from 2006 that many regarded as a controlling opinion on same-sex marriage bans: Citizens for Equal Protection v. Bruning, an Eighth Circuit opinion upholding Nebraska's ban.
Judge Ortrie D. Smith of the U.S. District Court for the Western District of Missouri distinguished Bruning by classifying it as a political right-of-access case, rather than a case about a fundamental right to same-sex marriage.
Was he right? And what impact does Bruning have today, post-Windsor?