Supreme Court DOMA Hearings Live-Update

Drawn from Rory O’MalleyBroadway Impact, and SCOTUS Blog’s Twitter accounts, with correspondent analysis at the end.

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DOMA10[Transcript, Audio]

Over the past two days, the eyes of the marriage equality movement have been on the Supreme Court as the oral arguments regarding Prop 8 and DOMA commenced on Tuesday morning and carried over through Wednesday afternoon.  The oral arguments are the last step in the judicial process leading up to a decision being made in each of these cases, and proponents of marriage equality, such as theatre-based organisation Broadway Impact, gathered around the nation’s capitol in support of their cause.

As it stands after the arguments of yesterday and today, Prop 8, which is being challenged under the Fourteenth Amendment Equal Protection Clause, is very likely to be overturned by a slim margin, while DOMA, which is being challenged under the Fifth Amendment Equal Protection Clause, has been projected by SCOTUSblog to have an 80% likelihood of being stricken down by the Supreme Court.  In both cases, a victory for equal marriage would be due to the fact that both Prop 8 and DOMA violate clauses which forbid the giving of rights to some individuals and not others, as well as due to an overwhelmingly weak argument on the part of the responding parties.

The potential effects of both of these cases is tremendous, as overturning Prop 8 would most likely eliminated the distinction between civil unions and marriage, bringing equal marriage to states which already support civil unions, and the elimination of DOMA would not only grant federal benefits to same-sex couples, but could very likely cause states to recognise the same-sex marriages of other states, regardless of whether or not the state itself allows same-sex marriage for its own citizens.

However, now we all have to wait and see what the results are, as the final decision-making process could take as long as two months, which is, for many, far too long to wait.

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