Commentary on marriage grants: Article III & same-sex marriage | Neal Devins and Tara Grove at SCOTUS Blog

Neal Devins and Tara Grove at SCOTUS Blog: In this post, we argue that the House Bipartisan Legal Advisory Group (BLAG) is not a proper party to defend DOMA. Likewise, we doubt that the proponents of Proposition 8 have standing to defend California’s voter-approved ban on same-sex marriage. At the same time, we suspect that the Court will rule on the merits of both cases – something it can still do if it rules against the BLAG; something it cannot do if it finds the Proposition 8 proponents are without standing.