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Prop 8 Plaintiffs See Crucial Language in Supreme Court's Law School Ruling
Law.com • Jun 30, 2010
"Our decisions have declined to distinguish between status and conduct in this context," wrote Justice Ruth Bader Ginsburg, who cited Justice Sandra Day O'Connor's concurrence striking down a sodomy statute in Lawrence v. Texas.
Justice Anthony Kennedy joined Ginsburg's opinion. He's the crucial fifth vote that same-sex marriage plaintiffs are counting on, should the federal challenge to Prop 8 make it to Washington, D.C.
To the plaintiffs, Ginsburg's language solidifies their argument that gays deserve enhanced constitutional protection.
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