Fordham Law

Gay Marriage: Supreme Court Sidesteps Prop 8

Elizabeth Cooper in The Wall Street Journal, June 26, 2013

Jess Bravin and Fordham University Associate Prof. Elizabeth Cooper explain the Supreme Court's move to avoid a ruling on Proposition 8 and its impact on same-sex couples.

Professor Cooper said of the ruling, "It is 100% in favor, but some people would say that the Court did have an opportunity, in the Prop 8 case, to make a clear statement about whether same-sex marriage passes constitutional muster or not. The Court opted against that. In some ways, they took the very moderate step-by-step approach that Justice Ginsberg seemed to be indicating would be appropriate when she was talking about the Roe v Wade decision before the Court heard the gay cases."

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