Kennedy is great with rhetoric but his opinions in Romer v. Evans and Lawrence v. Texas aren’t super helpful. They are just all we have. Romer involved a law that was much, much broader than Prop 8, so it would be easy for the Court to say that Romer does not apply. While both Romer and Lawrence have some exciting language, legally they are wishy-washy and vague. That may have been what Kennedy had to say to get a majority, but it doesn’t tell us where he stands. Plus, it’s really hard to tell where people are going to come down on this issue, so I don’t think we can assume there are four votes already and Kennedy is the only unknown.

I definitely think the DOMA cases are better to go to the Court first. It’s a much simpler issue legally. The Court can focus on the saying the feds should stay out of issues that have traditionally been left to the states (e.g., marriage and virtually all family law) and not even get into the gayness. Which would be a really good thing, given the Court we have right now.

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I thought this recap was funny, in a sad, I-understand-your-lack-of-enthusiasm kind of way. I was laughing with you, Pia (and you do know how to break those pages like the best of ‘em—fun!).

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