supreme-court-doma-analysis

It’s day two of Supreme Court oral hearings for and against marriage equality, and the support for same-sex marriage hasn’t wavered from the Supreme Court steps.

Yesterday, Justices heard the cases on Prop 8, the legislative ban of same-sex marriage in California, and grilled both sides in an attempt to figure out exactly how they’re going to approach the case, if at all. There seemed to be a lack of confidence in the air that the Justices would come to a majority conclusion, and, if that is the case, the Ninth Circuit Court of Appeals decision would stand (that it is, indeed, unconstitutional). “You want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cellphones or the Internet? I mean we—we are not—we do not have the ability to see the future,” said Justice Alito.

Today, again the waters were murky on whether the Justices felt confident that they should make a decision, this time on the Defense of Marriage Act. However, light was shed on the fact that Justice Anthony Kennedy, widely considered as the swing vote on the divided court, joined with the four liberals in skepticism of DOMA’s constitutionality.

Of course, this is just the beginning of the long three months ahead before the SCOTUS makes its final decision, expected in June. Stay tuned as Equally Wed keeps you up to date on the latest happenings of the high court.

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Photo: hrc.org