If Kennedy says it should be left up to the states then wouldn’t that make Prop 8 legal?
Kennedy is trying to find a federalism issue where there is none. Congress defines terms by law. If they can’t define marriage for federal purposes they can’t define anything and the Dictionary Act is unconstitutional resulting in legislative chaos. Kennedy knows this as well as Justice Roberts who got the Solicitor General to admit there is no federalism issue. But Anthony does not give a sh^t, he will do what Anthony always does.