Live Blog Archive
Maggie: Olson and Boies Will Probably Punt
Their arguments would strike down marriage laws in at least 45 states and overturn DOMA. But they don't want to admit that. Their official position is:
Yes. Plaintiffs have challenged only Prop. 8 in this litigation. The Court need not—and in the absence of a federal defendant, should not—address the federal Defense of Marriage Act in this litigation. It may be that the Court’s ruling will have implications for the Defense of Marriage Act and other similar laws that discriminate against gay men and lesbians. But such implications, if any, will depend on the parameters of this Court’s decision.
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