It’s not been a good couple of weeks for those pursuing a judicial strategy on behalf of gay marriage. Last week, courts ruled against plaintiffs seeking to challenge the results of a ballot initiative (Georgia) and to overturn traditional marriage legislatione (New York). Today, a federal appeals court reinstated Nebraska’s sweeping pro-traditional marriage constitutional amendment, adopted by voters in 2000. You can read the appellate opinion here, the original district court opinion here, and a news account here.
Volokh’s Dale Carpenter tries to find a silver lining, while discussing in another post a Connecticut ruling that turns back a challenge to that state’s civil unions legislation. (To be clear, the challenge was intended gain the label "marriage" for the arrangement the legislature crafted).