Thursday, August 05, 2010

Court strikes down ban on gay marriage.

A U.S. District Court in CA struck down CA's ban on gay marriages on both equal protection and due process grounds. An appeal seems likely. LINK However, it is not hard to see where all this will eventually end up. Justice O'Connor, concurring in Lawrence v. Texas provided the basic outline and arguments. I predict, before 2020, the U.S. Supreme Court will rule that equal protection requires that marriage be made equally available to both gays and straights. This result follows from two prior Court opinions, Romer v. Evans and Lawrence v. Texas. It only takes 4 Justices to grant an appeal (certiorari) and there are 4 liberals on the Court (Sotomayor, Ginsburg, Breyer and soon-to-be confirmed Kagan). Kennedy, who authored both Lawrence v. Texas and Romer v. Evans will vote to require that marriage be made equally available to both gays and straights.

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