Tuesday, April 28, 2015

Impressions of SCOTUS marriage equality hearing

Impressions from two activists who were in the courtroom today.   They both expressed optimism for a favorable outcome -- almost certainly on Question 2 that would require states to honor same sex marriage legally performed in other states, and somewhat less certain about Question 1 that would require all states to allow same sex marriages.

If Question 1 is favorable, then Question 2 becomes moot:   there's no need to require recognition of out of state marriages if all states are required to allow them.   But, if Question 1 fails, then it seems highly likely that Question 2 will be favorable.

Here's how Ryan Reilly and Jennifer Bendery of Huffington Post summed up the hearings: 
"The Supreme Court on Tuesday seemed to be debating how -- not if -- same-sex marriage should become legal in every state in the country."
What this means to me is that there is no longer any real argument about the rightness of marriage equality;   the only real question is:   who decides whether this is the right time to require it, the federal courts or the people through referendum or through their elected representatives?

SCOTUS' decision is expected some time in June.

Ralph

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