At Supreme Court, Gay Marriage Foes Make Their Strongest Case Yet
At The Atlantic, Andrew Cohen overviews the latest, and strongest, legal arguments used by proponents of Proposition 8 to oppose same-sex marriage. Intended to win the swing-vote of Justice Kennedy, a recently filed brief hopes to persuade the justices that the new case to be heard by the Supreme Court is “different” than previous cases: “To prevail, foes of same-sex marriage must convince at least five justices — and especially the aforementioned Justice Kennedy — that this case is different from three other Supreme Court decisions that recognized either broader marriage rights or protections from discrimination based upon sexual orientation,” Cohen writes.