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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.

articles/2013/04/02/an-often-overlooked-clause-in-the-constitution-points-the-way-to-same-sex-marriage/130401-gay-marriage-debate-michaelson-tease_si1k7l
Pablo Martinez Monsivais/AP

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...

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