USA: Prop 8 / Defense of Marriage Act Updates 3/24/13 #2

Written by scott on March 24th, 2013

Defense of Marriage ActTime for our next batch of updates, commentary, and miscellany about Prop 8 and Defense of Marriage Act.

We’ll start with The New York Times – with a great flow chart explaining how the Prop 8 trial might go:

The Supreme Court will hear arguments on Tuesday and Wednesday in two cases about same-sex marriage. While the rulings will probably not come until the end of the term in June, the justices’ questions could offer hints about which way they are leaning.

Over at, Ari Ezra Walden looks at the scrutiny issue:

Today, I’d like to focus on four scrutiny-related issues: 1. Are the scrutiny questions the same in both cases? Yes, but some conservatives have a different idea about the question. 2. Does the Court have to decide the scrutiny question in order to decide the case? No. 3. Do gays really have to be politically powerless to win heightened scrutiny? No. 4. Is the scrutiny question going to cut along ideological lines? Likely, but Justice Kennedy will be the key.

Over at LGBTQ Nation, they’re reporting on Attorney Ted Boies’ statement that there’s no rational basis to deny marriage equality:

“We believe that even if you simply apply the rational basis test, there is no rational basis to justify this ban. And that’s because … there is no evidence, none, that allowing gay and lesbians to marry harms the institution of marriage or harms anyone else.

CNN looks at marriage equality vs. religious liberty:

Resolving these conflicts will not be easy. In some instances the rights of same-sex couples will unavoidably trump religious liberty rights — for example, the much discussed question of visits to spouses in intensive care units. But there will be cases where religious liberty will trump, and same-sex couples will have to accept the reality that not everyone accepts their relationships as legitimate. This, too, is a price to be paid for religious liberty.

And at NBC, they have a great primer on the current marriage equality cases and the upcoming hearings:

It’s going to be a big week for the Supreme Court as justices hear two landmark same-sex marriage cases on consecutive days. One is a challenge to the 1996 Defense of Marriage Act (more commonly known as DOMA), which bars federal recognition of same-sex marriages. The other is a challenge of California’s Proposition 8, a ban on same-sex marriage that was approved by voters in 2008.

2 more days.


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