Judicial Offensive Against Defense Of Marriage Act: Collusive Litigation?

Law Professor Richard Epstein writes at Forbes: “This controversial case might well go up on appeal. But if so, it looks almost like collusive litigation, unless some true defender of DOMA is allowed, as an intervener, to defend the statute on the merits. As a supporter of gay marriage, I still think that the DOJ’s faint-hearted advocacy is no way to run a legal system. Nor is it wise for courts to use the Equal Protection Clause as a club against conventional morality, deeply felt . . . “