Now that Judge Stephen Reinhardt struck down Proposition 8 in the 9th Circuit Court of Appeals, supporters and opponents of the same sex marriage ban await the inevitable appeal to U.S. Supreme Court. Constitutional legal experts expect a close vote, but Professor Jason Mazzone anticipates the law will ultimately be struck down.
“The votes are there [at the Supreme Court] to hold that bans on same-sex marriage violate equal protection,” he argued in the Huffington Post. “The four dependable liberal justices would do it. And I think [Justice Anthony] Kennedy would be inclined to do it. He’s getting old, he’s not going to be there a whole lot longer, and he knows historically how [the same-sex marriage debate] is going to turn out. This is not a Justice that wants to be on the wrong side of history.”
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