Today the Supreme Court will hear arguments on California’s Proposition 8, in which the people of the state voted not to allow gay marriage. On Wednesday, the court will hear a related case on whether the Defense of Marriage Act, in which Congress defined marriage as being between one man and one woman, is Constitutional.
I can envision the progressives on the court voting against the Defense of Marriage Act on equality grounds and the conservatives voting against it on federalism grounds, that Congress infringed on the right of states to make laws against marriage. Then again, if the court throws out Proposition 8, that would prevent states from having the option to not have gay marriage. That ruling would have consequences for every state in the union.
How do you think the court will rule on this? (The decision won’t be announced for several months.) [Read more…]