David Boies, one half of the legal team challenging the constitutionality of California’s gay marriage, Proposition 8, says U.S. Chief Justice Antonin Scalia could vote against the ban. Boies made his comments on MSNBC’s Hardball with Chris Matthews.
Boies and Ted Olson argued against the ban during a 13-day trial presided by U.S. District Judge Vaughn R. Walker in January. Walker declared Proposition 8 unconstitutional in August.
The legal team returned to court on Monday, arguing in the appeal of the case before the Ninth U.S. Circuit Court of Appeals in San Francisco. The three-judge panel hinted they’ll support a narrow ruling against the gay marriage ban.
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