How the Supreme Court Should Rule on Gay Marriage
The court challenge to California’s ban on gay marriage has made me nervous since it began. The case, which the Supreme Court will hear at the end of this month, makes the argument that banning gay marriage violates the Constitution’s guarantee of equal protection under the law, full stop. Amen to that. But in a world in which 41 states still ban gay marriage, it was asking a lot of the courts—and especially of Justice Anthony Kennedy, the oh-so-sought-after swing justice—to award gay couples the right to marry across the country. With polls quickly shifting in the direction of gay rights,
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