Hollingsworth v. Perry, or the Prop 8 gay marriage case, on Tuesday at the Supreme Court faced 1 hour of oral arguments on the constitutionality of the legislation, which amended that state’s constitution to prohibit same-sex marriages.
See the full transcript below.
As Tom Goldstein of SCOTUS Blog lays out, "Much will be written about the Proposition 8 oral argument. The bottom line, in my opinion, is that the Court probably will not have the five votes necessary to get to any result at all, and almost certainly will not have five votes to decide the merits of whether Proposition 8 is constitutional."
As SCOTUS Blog observes, under any circumstances, the same-sex marriage cases would shine a spotlight squarely on the Court, but that spotlight will be even brighter given the recent coverage of the dramatic growth in public support for same-sex marriage, reflected not only in recent polls but also in statements by Republican Gov. Rob Portman – who was on former presidential candidate Mitt Romney’s short list for potential vice-presidential candidates – and former President Bill Clinton, who signed DOMA into law in 1996.
On Wednesday morning, the Court will hear nearly 2 hours of arguments on the federal Defense of Marriage Act (DOMA), which defines marriage for federal laws and programs – including things like income taxes, estate taxes, and Social Security survivors’ benefits – as a union between a man and a woman only.
Here is the full transcript:
Here is the audio: