Super Lawyers
William C. Altreuter

Tuesday, December 07, 2010

Walter Dellinger gets it right on why the standing argument in the Proposition 8 appeal is more than merely a technical issue: it's because "no one has a legal interest in denying someone else's happiness."  It's also because of another "technical" issue, the rule of comity.  Even though only a few states have enacted marriage equality to date, at some point the states that haven't are going to have to determine how to treat marriages that were validly entered into in other jurisdictions. There's really only one answer to that question, and once you are past the question of whether you'll recognize marriages performed elsewhere you have no basis for discriminating against your own citizens.

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