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What the supreme court Prop 8 split says about the fate of gay marriage

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Results in both the Doma and Prop 8 rulings came down to Justice Anthony Kennedy, the unpredictable libertarian San Francisco District 8 Supervisor Scott Weiner (right) kisses a man as celebrations ensue in San Francisco. Photograph: Josh Edelson/AFP/Getty Images No one was certain how the supreme court would rule in this week’s two same-sex marriage cases, but one prediction seemed safe: the results in both cases would come down to Anthony Kennedy, the unpredictable libertarian at the center of the bench. Eight of the court’s nine judges play their ideological hands in the open. To win, lawyers and scholars agreed, you had to convince the Reagan-appointed man in the middle....

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