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Scalia Gets A Little More Love In Pro-Gay Marriage Court Decision

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AP Photo / Manuel Balce Ceneta

Heyburn observed that the Court's decision to overturn DOMA laid the foundation for his decision Wednesday to invalidate part of a Kentucky's law that prohibited the recognition of gay marriages performed in other states. He then name-checked Scalia and his similar observations in his dissent in the DOMA case, Windsor v. United States.

"Indeed, Justice Scalia stated that Windsor indicated the way the Supreme Court would view future cases involving same-sex marriage 'beyond mistaking,'" he wrote.

Heyburn also seemed to side, at least in part, with Scalia's criticism of the Court's application of rational basis review when deciding if DOMA violated the plaintiffs' equal protection rights.

The full opinion is below.

Kentucky Same-Sex Marriage Ruling by tpmdocs