Professor Nelson Tebbe spoke to Law360 about the Defense of Marriage Act (DOMA) and the growing possibility that the Supreme Court will decide on its constitutionality. Federal circuit courts have already deemed it unconstitutional, in particular Section 3, which defines marriage as between a man and a woman.
If the law is brought to the Supreme Court, legal experts expect Justice Anthony Kennedy to be crucial in the decision. “We do know a couple things, and one is that most likely, although not certainly, Justice Kennedy will play a key role,” said Professor Tebbe. “A second thing we know is that Justice Kennedy has already ruled in two important gay rights cases on the side of strengthening gay rights.”
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