Could the Supreme Court of the United States rule in favor of California’s Proposition 8? In Proposition 8 California voters left intact the right of gays to continue to have the legal incidents of marriage but denied the name “marriage” to gay unions. Although trends – both popular and judicial – are in favor of legalizing gay marriage, a SCOTUS ruling in favor of Proposition 8 may not be as unlikely as it seems.
We can begin charting a path to a favorable ruling by going back to Roe v. Wade. But as we do that, we are going to bypass the moral and liberty questions and, instead, consider the SCOTUS as an institution. And, with that in mind, there is a substantial argument that Roe v. Wade damaged the SCOTUS as an institution.
Presbyterian Blues 