digitalcommons.nyls.edu Faculty Scholarship Other Publications 2013 No Clear Majority on Merits Evident During Prop 8 Arguments Arthur S. Leonard New York Law School,
[email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_other_pubs Part of the Law and Gender Commons Recommended Citation Leonard, Arthur S., "No Clear Majority on Merits Evident During Prop 8 Arguments" (2013). Other Publications. 356. https://digitalcommons.nyls.edu/fac_other_pubs/356 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Other Publications by an authorized administrator of DigitalCommons@NYLS. 12 March 27, 2013 | www.gaycitynews.com LEGAL No Clear Majority on Merits Evident During Prop 8 Arguments Kennedy offers a way out for now — the court deciding it should not have taken the case BY ARTHUR S. LEONARD significant portion of Olson’s time. show the greatest problem making factor in denying homosexuals ben- n the tenth anniversary The Prop 8 Proponents relied on up his mind. At one point, he mused efits or imposing burdens on them? of oral arguments in an advisory opinion from the Cali- that perhaps the court should not Is there any other rational decision- Lawrence v. Texas, fornia Supreme Court — issued at have granted the petition to review making that the government could the historic 2003 the request of the US Ninth Circuit the case. His questions and com- make? Denying them a job, not ruling that struck Court of Appeals — that held as a ments certainly revealed a sympa- granting them benefits of some sort, downO laws against consensual gay matter of California law that initia- thy with the plaintiff couples’ claim any other decision?” sex, the US Supreme Court took tive proponents have standing to to the right to marry, particularly Cooper’s response, a major con- up the contentious issue of same- defend their initiative if the state in emphasizing the potential harms cession, was, “Your Honor, I can- sex marriage on March 26.