Dec 11

Examining the Impact of a Supreme Court Ruling on DOMA, Proposition 8

After what seemed like an interminable wait last week among Supreme Court watchers, the justices decided on Friday to hear two potentially landmark cases concerning same-sex marriage.

Not surprisingly, the Court will review the constitutionality of the Defense of Marriage Act (DOMA) and test the constitutionality of whether legally-married same-sex couples can be denied benefits at the federal level. A little more intriguing is the decision to hear California’s ban on same-sex marriage, widely known as Proposition 8.

In both cases, the Court allowed itself an out based on a procedural decision, For DOMA, the justices could question whether or not the refusal by the Executive Branch to defend the act in court means House Republicans can independently defend it. A similar procedural question involves California’s refusal to defend Prop 8 at the state level.

However, analysts have gone ahead and continued to break down how the justices might vote on each case, including CNN legal commentator Jeffrey Toobin, who discusses what the impact of the Court’s ruling could be in the following video.

DOMA and Proposition 8 from Alliance for Justice on FORA.tv

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