Another legal expert, this one sympathetic to gay marriage, argues that Judge Walker and the Olson/Boies Dream Team will go down to defeat at the Supreme Court.
Those of us who make a living in predicting directions in the court's constitutional jurisprudence are rather dubious that the court majority will reach that far. The court has never equated the legal conditions of gays and lesbians with members of racial minority groups, a class that triggers especially close scrutiny of discriminatory laws or governmental actions...
While the absence of equal marriage rights is likely to garner sympathy among some justices on the Roberts court, few constitutional scholars predict that a majority could be assembled to invalidate on federal constitutional grounds same-sex marriage bans across the country. Indeed, it is from this fear that the current court would issue a ruling that firmly upholds these bans that various groups advocating same-sex marriage counseled against the original California lawsuit and, moreover, would breathe a sigh of relief if the Proposition 8 case ends in Northern California.
