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U.S. Supreme Court

Mar. 27, 2013

Myriad potential outcomes in same-sex marriage cases

Letting the political process ultimately dismantle injustice may seem desirable, both on grounds of judicial restraint and good strategy. By Glenn C. Smith


By Glenn C. Smith


I know how the Supreme Court should decide the same-sex-marriage cases on its oral-argument docket and case conference this week. Dismantling sexual-orientation discrimination and ensuring marriage equality is a civil-rights imperative.


I'm much less clear, though, how the court will decide Hollingsworth v. Perry, No. 12-144 (the challenge to California's Proposition 8 to be argued Tuesday) and United St...

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