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US: Supreme Court to release same-day audio recordings from equal marriage cases

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  1. Dan Filson 20 Mar 2013, 2:00am

    Is the Supreme Court being asked to “support equal marriage”; I think it is only being asked to rule on whether the Federal law, the Defence of Marriage Act, is unconstitutional, presumably on the grounds that the Federal government has no locus on the issue as the Constitution does not give it specific peers in respect of marriage (I guess they were not thinking about equal marriage back in the 1780s).

    Whether marriage should be subject to one federal law rather than fifty state laws is an issue where I favour the former, but in practical terms you might not get equal marriage through the current House of Represntatives whereas you might get it through several state legislatures as has been proved.

    1. They are looking at Windsor v US (which is about section 3 of DOMA) and Hollingsworth v Perry (which is about Proposition 8 in California). In the latter case, they could conceivably make a very broad ruling about the legality of same-sex marriage (even forcing it on every state), but most people seem to be expecting them to rule on very narrow grounds so that only the ban in California is affected one way or another.

  2. Dan Filson 20 Mar 2013, 2:02am

    I meant to type specific ‘ powers’ not ‘peers’

  3. Douglas Einer 24 Mar 2013, 11:16pm

    I really hope that the Supreme Court does the right thing and kicks religious/dogmatic prejudice out of the American system of law in these cases, (and out of all cases, the sooner the better IMO)

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