Ben Heineman on same-sex marriage rights

On DOMA, Real-World Arguments Could Sway the Supreme Court
By Ben Heineman
The Atlantic Monthly

“After the Supreme Court hears oral argument in the two same-sex marriage cases next week, it could issue a momentous ruling that gay marriage is a constitutional right in all 50 states — or that it is not. But, the Court has left itself numerous more modest options to avoid such a sweeping ruling when it decides whether the California can outlaw same-sex marriage through a voter initiative or whether Congress can define ‘marriage’ for all federal programs as “only a legal union between one man and one woman.”

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