Daily Archives: 03/26/2013

SCOTUS Prop 8

same sex(Community Matters) Links to audio and transcript here. 

Today the Supreme Court heard arguments on Prop 8 Рthe California voter  initiative overturning the right of same sex couples in CA to marry. Some court observers say the questions suggest SCOTUS might punt on this one by deciding there is not standing for an appeal Рtherefore refusing to overturn the Appeals Court Decision which ruled Prop 8 unconstitutional, saying it violated Equal Protection. They were reviewing a decision of the California Supreme Court which also found Prop 8 unconstitutional.

Reading the transcript from today, I especially found interesting Justices’ Kagan, Kennedy and Roberts’ interest in examples of harm as a result of same sex marriage.

Scalia even had to throw in to help those defending Prop 8. Their lawyer was unable to cite any compelling arguments of harm that comes from ruling in favor of same sex marriage.

I’m also encouraged by Justice Kennedy’s citing 40k children in CA who want their same sex parents’ marriage validated