Two weeks ago, Justice Anthony Kennedy used soaring rhetoric to declare the Defense of Marriage Act, which defined marriage as between a man and a women, violated the Constitution. But that only applied to denying federal benefits to same-sex couples. Gay marriage, he said, is up to the states, and only 13 states have made it legal — while it's banned in 29 state constitutions. (The Court also restored same-sex marriage in California.) In a scathing dissent, Justice Antonin Scalia predicted that state bans on same-sex marriage would soon be ended. We hear how Kennedy's conflicted ruling has led to state-by-state battles, in a war that may not end until another US Supreme Court decision.
Same-Sex Marriage: The US Supreme Court and the States
Credits
Guests:
- Adam Liptak - New York Times - @adamliptak
- Richard Carlbom - Freedom to Marry - @richardcarlbom
- Thomas Peters - National Organization for Marriage - @AmericanPapist
- Andrew Koppelman - Northwestern University - @NorthwesternLaw