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Damon Root: Supreme Court Won’t Make Gay Marriage a Constitutional Right

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“The Supreme Court seems to think that the backers of [California's] Proposition 8 don’t have the standing to bring this case, which would send the case back to the district courts,” says Reason’s Damon Root, who attended today’s oral arguments for one of the most-watched cases in years.

Hollingsworth v. Perry deals with a ballot initiative passed with 52 percent of the vote in 2008 that bars the Golden State from recognizing same-sex marriage. “That would mean one of two things: We could have gay marriage in California but nowhere else, or the ruling could be limited just to the two same-sex couples that brought the case.”

Root, who writes frequently about legal issues, sat down with Reason magazine’s Matt Welch to discuss how he thinks the justices will rule based on today’s proceedings.


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