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    Back to To the Point

    To the Point

    Same-Sex Marriage: The US Supreme Court and the States

    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.

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    By Warren Olney • May 12, 2014 • 1 min read

    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.

    The full episode

    2 of 3
    Same-Sex Marriage: The US Supreme Court and the States
    1. 0:00Congress, the Farm Bill and the Nuclear Option
    2. 8:11Same-Sex Marriage: The US Supreme Court and the StatesYou’re reading this
    3. 42:58Defense Department Accounting Leaves Soldiers without Pay
    • https://images.ctfassets.net/2658fe8gbo8o/AvYox6VuEgcxpd20Xo9d3/769bca4fbf97bf022190f4813812c1e2/new-default.jpg?h=250

      Warren Olney

      former KCRW broadcaster

    • https://images.ctfassets.net/2658fe8gbo8o/AvYox6VuEgcxpd20Xo9d3/769bca4fbf97bf022190f4813812c1e2/new-default.jpg?h=250

      Caitlin Shamberg

      KCRW

    • KCRW placeholder

      Kerry Cavanaugh

      editorial writer at the Los Angeles Times

    • Sonya Geis with wavy brown hair wearing a black dress with red accents and decorative earrings against a white background.

      Sonya Geis

      Senior Managing Editor

    • KCRW placeholder

      Adam Liptak

      New York Times

    • KCRW placeholder

      Richard Carlbom

      Freedom to Marry

    • KCRW placeholder

      Thomas Peters

      National Organization for Marriage

      NewsNationalPolitics

    The full episode

    2 of 3
    Same-Sex Marriage: The US Supreme Court and the States
    1. 0:00Congress, the Farm Bill and the Nuclear Option
    2. 8:11Same-Sex Marriage: The US Supreme Court and the StatesYou’re reading this
    3. 42:58Defense Department Accounting Leaves Soldiers without Pay
    Back to To the Point