Thursday, March 28, 2013

Deciding Not to Decide Gay Marriage?

This is a provocative op-ed from the New York Times that suggests the Court should issue only a limited ruling in the Prop. 8 case, allowing marriage in California but not declaring a constitutional right to marriage throughout the country. "Prudence counsels that marriage equality should be allowed to continue gaining support in the states, and that a federal resolution should be left for another day," writes law professor David Cole. "History suggests it would be unwise for the Supreme Court to impose a uniform solution on the nation now. Doing so could touch off huge civil resistance in the most conservative states."

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