I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power. It'd be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's - not only is it fair to read this as an exercise of the tax power, but this court has got an obligation to construe it as an exercise of the tax power if it can be upheld on that basis.
Donald Verrilli Jr.Sometimes one of the justices, because they're, you know, they're brilliant lawyers themselves, can put the question in a particular way so that, even if you've prepared to talk about the topic, the question is put in such an excruciatingly difficult way that there's just no good way to handle it.
Donald Verrilli Jr.What we once thought of as necessary and proper reasons for ostracizing and marginalizing gay people, we now understand do not justify that kind of oppression.
Donald Verrilli Jr.In the past, presidents had been consulted about those kinds of decisions by SGs, and I thought it was the right thing to do.
Donald Verrilli Jr.If people can live openly and be equal, then you have to have a pretty strong reason to say they can't get married.
Donald Verrilli Jr.I think what Lawrence did was provide an assurance that gay and lesbian couples could live openly in society as free people and start families and raise families and participate fully in their communities without fear. And two things flowed from that, I think. One is that has brought us to the point where we understand now in a way even that we did not fully understand in Lawrence, that gay and lesbian people and gay and lesbian couples are full and equal members of the community.
Donald Verrilli Jr.