Will California's Proposition 8 Survive the US Supreme Court?
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Only fools try to predict decisions by the US Supreme Court, but after today's arguments about Proposition 8, there's a cautious consensus that the Court might make a very narrow decision. It might even decide not to decide on same-sex marriage one way or the other. What would that mean in California, where Prop 8 banned same-sex marriage in 2008, but where polls show there's now a majority in favor of opening up the institution to gays and lesbians? On our rebroadcast of today's To the Point, more on today's arguments from inside the courtroom.
Banner image: Anti-Proposition 8 protesters wave a rainbow flag in front of the US Supreme Court in Washington, March 26, 2013. Photo by Jonathan Ernst/Reuters
Much has changed since Proposition 8 passed in 2008 and polls show that if it were on the California ballot now, it would be likely to fail. Today, at the US Supreme Court, Justice Anthony Kennedy, often the decider between his four liberal and four conservative colleagues, acknowledged that Prop 8 has taken the court into "uncharted waters." Liberal Justice Sonya Sotomayor posed the question, "If the issue is letting the States experiment and letting the society have more time to figure out its direction, why is taking a case now the answer?" We search for answers to that and other questions.
- Douglas NeJaime: Loyola Law School, @loyolalawblog
- Garry South: Garry South Group
- Audrey Bilger: Claremont McKenna College, @AudreyBilger
- Douglas Kmiec: Pepperdine University, @dougkmiec
- William May: Catholics for the Common Good, @ccgaction
Which Way L.A.? is made possible in part by the Ralph M. Parsons Foundation and the Rosalinde and Arthur Gilbert Foundation.
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