The striking down of California’s Proposition 8 voter initiative banning same-sex couples from marrying sets up what may be a quick appeal to the U.S. Supreme Court. … Two Harvard University law professors said that the Supreme Court will probably be closely divided on the issue. …
… Professor Charles Fried predicted the Supreme Court would find gays have a constitutional right to marry. “I think it’s hard to avoid,” . . . said Fried, who served as U.S. Solicitor General under Republican President Ronald Reagan.
The fulcrum of that nine-judge court is likely to be Justice Anthony Kennedy … said professor Mark Tushnet … “Whatever he thinks, that’s what the law is going to be,” Tushnet said in a phone interview. “He has been a reasonably strong proponent of gay rights on the court. Whether this is a bridge too far or a bridge too soon, I don’t think anybody can tell.”
California’s Gay Marriage Ban Case May Be Quickly Headed to Supreme Court – Bloomberg.
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