You’re right. Roberts certainly can’t be counted on.
But it was thought that Roberts would join the liberals to strike down DOMA, in part because of his lesbian relative. Instead he sided with the conservatives. However on Prop 8, he was the decisive vote of the procedural decision denying supporters of the measure to defend it after California officials refused to do so. I’m not sure how to read this. Maybe he was serious about the procedural argument. Or it could be that he wouldn’t like the outcome that he thought would have occurred had the Sup Court used the Prop 8 case as chance to either impose gay marriage nationally, or declare it to be a matter for the states to decide.
I don’t know. But I do think that if the issue returns to this Sup Court, and it’s clear that Kennedy is going to be the decisive vote to impose gay marriage nationally, then Roberts would join the liberals to make it a 6-3 decision, and therefore make it seem less ‘divisive’. This would of course be used to try and further marginalize opposition to gay marriage.
One thing is CERTAIN... Ruth Ginsberg WILL vote to legalize homosexual marriage.
She just officiated one.
See here:
http://www.freerepublic.com/focus/f-news/3061274/posts