The Supreme Court’s decision in Hollingsworth v. Perry, the case challenging California’s Proposition 8 banning gay marriage, does not address the question of whether gay marriage bans are constitutional.
The Hollingsworth decision isn’t out yet, but Chief Justice Roberts says the following in his dissent in United States v. Windsor:
We may in the future have to resolve challenges to state marriage definitions affecting same-sex couples. That issue, however, is not before us in this case, and we hold today that we lack jurisdiction to consider it in the particular context of Hollingsworth v. Perry.
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