It’s still waaaay too early to tell, to be sure, but the tenor of Chief Justice Roberts’ questions on Prop 8 is encouraging. Towleroad.com reports:
Reuters breaking:
Tweet: “Developing: Roberts says California #prop8 case may not reach central issue of right to marry for gays…”
Tweet: “U.S. Chief Justice Roberts, midway into gay marriage arguments, raises doubts about California case”
Tweet: “Supreme Court Justice Kennedy: California gay marriage ban may hurt rights of gay couples children”
SCOTUSBLOG:
Tweet: “Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case.”
Tweet: “Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. Would leave in place 9th Cir pro-#ssm ruling.”
Tweet: “There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time”
So it may very well be that Prop 8 is struck down by default, but that the lower court decision only applies to California. Half empty, or half full?
