How An Antitrust Case Changed The Gay Marriage Debate

Law360, New York (May 21, 2014, 7:21 PM EDT) -- One might notice a curious case in the middle of the opinion handed down this week in Whitewood v. Wolf, No. 1:13-cv-1861, (M.D. Pa. May 20, 2014) striking down Pennsylvania's gay marriage ban. The caption, SmithKline Beecham Corporation v. Abbott Laboratories, 740 F.3d 471 (9th Cir. 2014), certainly sounds more like a typical business dispute between two giant pharmaceutical companies than a case involving fundamental rights. However, SmithKline may in fact be almost as important as United States v. Windsor, 133 S. Ct. 2675 (2013) in moving gay marriage forward.

In late 2007, SmithKline, now GlaxoSmithKline ("GSK"), lodged a complaint against...

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