Thursday, March 21, 2013

BREAKING: Supreme Court opinion in gay marriage case pre leaked

Mark Tushnet

A draft opinion for the Court in the California gay marriage case has come into my hands. Here it is, in full:

PER CURIAM: "Today‚Äôs opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned." Lawrence v. Texas, 539 U.S. 558,  604 (2003) (Scalia, J., dissenting). He was right. The judgment of the Court of Appeals is


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