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Thursday, December 09, 2004
SSM IN THE COURTS: From the Miami Herald
[Contrast with this piece. --Eve] ...As state after state has adopted constitutional bans on same-sex nuptials -- by 3-1 ratios in some referendums -- and momentum toward amending the U.S. Constitution to outlaw same-sex marriage has gained steam, it has seemed in recent months that perhaps marriage advocates were outmatched. But they have regrouped to pursue targeted tests in carefully chosen state courtrooms. By keeping the fight in state courts about state laws, they are trying to avoid having the ''wrong'' federal case reach the U.S. Supreme Court. The strategy is intended to produce a patchwork of rulings, with some states condoning and others condemning same-sex marriage, a muddle that could persist for a decade or more. The strategy's success hinges on the gamble that a strong federal case eventually could emerge to inspire a Supreme Court ruling that broadens the definition of marriage. That was the strategy that eventually removed laws against interracial marriage from the books. more |
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