This week SCOTUSblog is hosting an online symposium about the Supreme Court’s consideration of litigation challenging the federal Defense of Marriage Act and California’s Proposition 8. My contribution begins:
Constitutional law makes strange bedfellows. It can even unite supporters and opponents of same-sex marriage. Consider this: If Justice Scalia’s aggressive reading of Lawrence v. Texas (2003) is correct, could a Justice who refuses to overrule that decision reject a same-sex marriage claim?