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Will Justice Clarence Thomas Vote For Gay Marriage?



As you may know, the U.S. Supreme Court announced that it will review the constitutionality of the Defense of Marriage Act. Sean Higgins over at The Washington Examiner argues that the conservative Republican jurist may be the surprise swing vote on the issue: "Thomas is generally seen as a staunch conservative to the right of even Justice Antonin Scalia. He notably thinks little of the concept of stare decisis, meaning that legal precedents don’t matter much to him if he thinks they interfere with a plain reading of the Constitution’s text. Thus he has been unafraid to attack long-ingrained liberal precedents. But Thomas’ legal thinking also has a strong libertarian bent. If he thinks the Constitution does not bar it he has been inclined to allow it. The caveat here is that his reading of the Constitution has also given states leeway in drafting laws."

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