Why Marriage Equality is Winning

Forty-one states prohibit same-sex marriage, but only 20 of those have filed briefs in support of Prop 8.

Today on the SCOTUS blog, writer Marty Lederman offers insight into why he believes things are looking good for marriage equality prior to the Supreme Court’s important decisions on DOMA and the Proposition 8 case at the end of March. He writes:

Forty-one states prohibit same-sex marriage. But only twenty of those forty-one states have filed briefs in support of the constitutionality of Proposition 8: Indiana is the lead party on a brief for nineteen states, and Michigan filed a brief of its own. Compare this level of state participation with, for example, the amicus brief filed by all forty-nine other states in Maryland v. King (to be argued February 26), in support of Maryland’s argument that a state does not violate the Fourth Amendment by collecting and analyzing the DNA of persons who have been arrested for, but not convicted of, a criminal offense.

Exciting stuff. Click here to read more.

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