"These figures are a recipe for the same volatile backlash Roe produced and has caused 19 state attorneys general to urge the Court not to 'stultify democratic principles by declaring a winner of the marriage debate,'" Land wrote.
He contends the court can "thread the needle" by ruling in favor of individual state same-sex marriage laws in the DOMA and Proposition 8 appeals.
"Such decision making by the Supreme Court would leave the issue of defining marriage within the borders of each state (such as California), but at the same time declaring that if a state (such as New York) defines same-sex marriage as marriage, the federal government (including the IRS) would defer to each particular state's definition of marriage when determining eligibility for benefits."
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