U.S. Supreme Court rules today on gay marriage | Arkansas Blog

U.S. Supreme Court rules today on gay marriage

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AWAITING RULING: Pro-civil rights crowd gathers for Supreme Court ruling.
  • Human Rights Campaign
  • AWAITING RULING: Pro-civil rights crowd gathers for Supreme Court ruling.

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We'll be standing by again today for announcements beginning at 9 a.m. Central on the final decisions of this term of the U.S. Supreme Court.

Two major rulings are coming:

* THE FEDERAL DEFENSE OF MARRIAGE ACT. This act denies benefits to same sex couples legally married in the 12 states that now approve same-sex union. It is hard to see how this direct affront to equal protection can survive. Striking down the law wouldn't require any state to approve same-sex marriage. It would, though, open the huge range of federal benefits to some — but not all — same-sex couples. That would seemingly create a ripe target for a new equal protection argument of its own.

* PROPOSITION 8: The voter initiative banned gay marriage in California and was struck down by a lower court. It is hard to believe this Republican-loaded court is ready to make the proper and sweeping conclusion — ahead of the wishes of a majority of the states — that equality means equality. It is equally hard to believe the court won't find a way to avoid reinstating Prop. 8 in California, even if it uses only a procedural escape.

But, obviously, I haven't a clue. The Human Rights Campaign outlines possible scenarios. UPDATE: The winner is door No. 2. See subsequent posts.

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