“Do you think they will punt on this one too?” That was the first thing I heard this morning in the Supreme Court pressroom. And though one can never be sure of anything after an oral argument, it looks to me like there will be no jurisdictional punt on the DOMA case. Unlike the Prop […]
Tomorrow morning starting at 10, the Justices return for day 2 of their gay marriage marathon. In United States v. Windsor, they will decide whether the federal government must recognize the marriage, valid under New York law, of Edie Windsor (above, R) and the late Thea Spyer (L). (Photo taken early in their 44-year relationship.) […]
The Supreme Court Justices hearing the Prop 8 case this morning were all over the place. I have posted at TheNation.com an elaboration of why the best word to describe the argument is fractured. To see if you agree with me, you can read the transcript for yourself, and listen to the argument as well. […]
The first gay marriage case to be argued (ever) in the Supreme Court is set for tomorrow at 10 am, in Hollingsworth v. Perry, the challenge to Prop 8. Here are some important points to listen for: At the logical threshold of the case lies a question that has nothing to do with gay marriage: standing, a technical legal […]
Last night (which was cold here in DC), the line began to form for seats to hear oral arguments in the two gay marriage cases that the Supreme Court will consider next week. First up on Tuesday morning will be the challenge to Prop 8; on Wednesday, the Court will hear the DoMA case. The […]
Following is my take on the arguments filed by the defenders of DOMA and Prop 8 and their supporting amici in the cases pending before the Supreme Court. There are so many possible cultural interpretations of the debates over gay marriage that it seems pointless and premature to try to nail down what all the […]