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From Prop 8 hearing: Justices appear split on same sex marriage

Tuesday, March 26, 2013

Early buzz from this morning’s Supreme Court hearing is that the justices seem closely divided on gay marriage, with perceived swing vote Anthony Kennedy suggesting that the court should strike down California’s ban on same-sex marriage without ruling broadly on the issue. In other words, without making gay marriage legal nationwide. From the LA Times:

Kennedy is likely to have the support of the court’s four liberal justices when they meet later this week to decide the California case. They could decide to write an opinion that strikes down the California ballot measure on the grounds that it denies same-sex couples a right to marry. Or they could vote to dismiss the appeal, which also would have the effect of voiding Prop. 8.


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