On Gay Marriage, Moderation Could Be Disastrous

March 28 (Bloomberg) -- Conventional wisdom formed quicklythis week after oral arguments in the two same-sex marriagecases before the U.S. Supreme Court. The gist is that the courtwould duck the fundamental question of whether the Constitutionguarantees everyone the right to marry -- implied in theCalifornia Proposition 8 case -- and strike down the FederalDefense of Marriage Act on the limited ground that it interfereswith states’ rights.

Don’t be too sure. It’s not just that oral arguments can bedeceiving. (Remember the broccoli obsession in the Obamacarearguments? Almost no one thought Chief Justice John Robertswould provide the deciding vote to uphold the law.)