An Often-Overlooked Clause in the Constitution Points the Way to Same-Sex Marriage
JUDICIAL REVIEW
Can gays and lesbians have their wedding cake and eat it too? Jay Michaelson ponders the various not-good options before the Supreme Court in the marriage-equality cases.
In the wake of the Supreme Court’s oral arguments on the marriage cases, I agreed with the conventional wisdom about the best way the Court could rule: strike down DOMA, affirm that Prop 8 violates the California constitution, but leave the definition of marriage up to the states, where it...