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Conservative Justice's Words Boost Same-Sex Rulings

Publication Date: 
December 26, 2013
San Francisco Chronicle
Bob Egelko

Professor Michael Wald is quoted in the San Francisco Chronicle regarding the arguments he filed with the California Supreme Court supporting same-sex marriage. 

The final stage in the campaign to win same-sex marriage rights in court may be under way with a flurry of rulings in the past week calling for equal rights for gay and lesbian couples.

And two federal judges found an unlikely source of support - the writings of Supreme Court Justice Antonin Scalia, who has warned in dissenting opinions that the high court was sanctioning an unprecedented and unwarranted expansion of the right to marry.


But Michael Wald, a Stanford law professor who has filed arguments supporting same-sex marriage with the California Supreme Court, said Scalia's provocative writings were "bound to come back and haunt" him.

"If you're sitting in Utah knowing that you're going to get a lot of flak" for a ruling legalizing same-sex marriage, Wald said, then quoting one of the court's foremost conservatives "gives you a lot of protection you wouldn't otherwise have."