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."