Michael Dorf, a constitutional law expert, former law clerk for Supreme Court Justice Anthony Kennedy and professor of law at Cornell University, comments on the Supreme Court’s decision to review the Proposition 8 and Defense of Marriage Act cases.
He says:
“The Supreme Court's orders granting review in the Proposition 8 and Defense of Marriage Act cases leave room for the Justices to decide on narrow grounds — either ducking the merits entirely or deciding in a way that leaves open the question of whether all states must recognize same-sex marriage.
“If the Court concludes that the country is not yet ready for nationwide same-sex marriage, a narrow ruling seems likely. What seems unlikely is a decision broadly rejecting a constitutional right to same-sex marriage, for such a decision would place the Court squarely on the wrong side of history.”
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