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-- the US Supreme Court is considering two major cases on same sex marriage right now the justices have just finished -- more than an hour of arguments on California's proposition eight.
Banning gay marriage.
39 other states have also put similar bans in place tomorrow the court will consider the defense -- marriage act.
That law defines marriage as the union of a man and a woman and prevents gay couples from collecting federal benefits.
O'Brien has covered the US supreme court for two decades he was inside for today's arguments he's -- author of a book.
A new -- murder at the Supreme Court -- crimes.
And the landmark cases in NASA people are saying -- about this case that it is a landmark case in all these comparisons are being made.
Do you brown vs the board of education to Roe vs.
Wade this is a civil rights case of our generation some folks say.
What parents is really work here.
Well insofar as the questions are concerned the comparison -- -- worked just fine.
The questions are huge this could be the brown vs board of education for gay and lesbian people.
That's based on the question we don't know what the answer will be of course in fact.
I would venture that nobody does not even the justices who heard the case this morning.
They will vote tomorrow and then at least they will know they were all over the map with their questions today as you know there is a procedural problem with the case.
And that the state of California chose not to appeal a lower court decision.
Finding prop eight unconstitutional.
-- the ban on same sex marriage in California on constitutional.
So profit is being defended by of those who supported it and there's a real question of whether that makes the case a real case or controversy.
For the court to decide my initial take was it would go off on that.
And the court would not actually even get to the question of other states must allow same sex marriage but today in court.
-- seem to be some support among some of the justice to upon jurisdiction.
And a real case or controversy that would allow them to go on and decide all those big question.
As you mention we're gonna have to -- and see.
And and fight to find out exactly what the ruling ends for several weeks and months.
-- how does public opinion because we've heard a lot about the shift in public opinion in this country regarding this issue how does that.
A fact the Supreme Court.
Public opinion is weighed in a number of different manners one as public opinion polls.
Which my experience has been they don't show a whole lot of attention to that public opinion is however in favor increasingly in favor of same sex marriage.
However nine states now allow it and that's great progress in a few years ago for those who support same sex marriage but 41 do not.
The justices also took note of that.
Justice Anthony Kennedy whose vote could be critical on this case says that that's on so many issues up here.
Noted we're going into unchartered waters and suggested that may be the case should be just thrown out as -- prominently granted what we call around.
The court as a -- dismissed as improperly grounded.
If they do that and there's a chance of that than the lower court opinion would stand but would only affect California.
Interesting we'll see if that twist actually happens -- Tim -- how does the case today.
And and those those variables.
Interact with the case tomorrow about the defense of marriage how how do they -- or actor or not interact at all.
There wasn't much reference to the winds -- case tomorrow in the defense of marriage act.
But should the Supreme Court -- with the opponents of proposition eight and the district court decision.
In this case and will broadly.
Then the defense of marriage act is a dead letter it's also in trouble anyway.
That is a much tougher case for the federal government in this cases -- -- proponents of same sex marriage.
In the defense of marriage Jack you also have congress saying to the states we will not recognize your marriage even though what is a marriage -- For 200 plus years been defined by the state what you have to do to get a marriage what you have to do to get out of it.
So you have some justices who are for same sex marriage and some -- look at this is a federalism federalism questions and feels that feel that.
The defense of marriage act is in big trouble.
So many directions it can go ten.
Thank you so much feared that experience -- -- is always after many years covering the court it's great to have you join her program thank you thank you.
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