Speaking on behalf of the American Principles Project, Maggie Gallagher had some insight into how “swing vote” Justice Kennedy may lean in the coming Supreme Court cases on Prop 8 and DOMA:
“Backers of Proposition 8 say they’re confident Kennedy will vote to uphold the measure and refuse to recognize a constitutional right to same-sex marriage. Even after new laws go into effect allowing gay marriage in Maine, Maryland and Washington, only nine of the 50 states, plus the District of Columbia, will permit the practice.
“It would be unlike Kennedy to overturn the laws of 41 states,” said Maggie Gallagher, a senior fellow at the American Principles Project, a Washington-based group that opposes gay marriage.
The Defense of Marriage Act will be easier for Kennedy to strike down, Gallagher said. The law marked the first time the federal government had explicitly defined marriage, an issue traditionally governed by state law.
“There’s going to be a strong temptation for him to split the difference and think he’s preserving the principle and integrity of the court,” said Gallagher.”