Towleroad Talking Points: Prop 8 at the Nation's Highest Court

 

BY SAM GREISMAN

A look back at today's top stories

PROP 8 TRIAL

It was a momentous day in Washington where the plaintiffs in the Prop 8 case got their moment in front of the Supreme Court. You can listen to the full audio from today's proceedings here. As casual observers and pundits alike are scrambling to weigh in on what the court might be thinking now, our Ari Ezra Waldman has a comprehensive two-part breakdown that is one-stop shopping for a legal perspective on the hearings. Check out Part 1 here and Part 2 here. 

SCOTUSblog's initial opinion is that the court will not uphold or strike down Prop 8 and thus the law will remain invalidated. A victory...of sorts. Other prognosticators seem to also be indicating that the justices are concerned about the issue of "standing" and thus the court may not want to make a ruling on the case. 

Though Ted Olson said that he has "no idea" which way the justices may be leaning, he and David Boies (along with the plaintiffs) were all smiles as they addressed the media. Prop 8 supporters Charles Cooper and Andrew Pugno also spoke to the media, albeit with much less fanfare. 

All in all it was an important and memorable day at the Supreme Court; even NOM's Maggie Gallagher made an appearance at the pro-equality rally. 

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VIDEOS OF THE DAY

Don Lemon of CNN had Heritage Foundation Scholar Ryan Anderson on his show yesterday and totally shut the "scholar" down when he attempted to tell Lemon that gay marriage was not illegal. Also Rachel Maddow previewed the DOMA and Prop 8 cases. 

Prop 8: Assorted Updates

Former MLB player Jose Canseco is on board with marriage equality.

Among the rallies held this week for marriage equality were well-attended demonstrations in San Francisco (video) and Salt Lake City.

John Aravosis has a photo essay of the rally outside the Supreme Court today.

Andrew Sullivan analyzes the Prop 8 arguments: "My sense is that SCOTUS will try to find a way to rule in as narrow a way as possible – but I have no idea what form that could take. Which suits me just fine. Either Prop 8 falls and its implications do not extend beyond that state, or SCOTUS narrowly upholds Prop 8, and Californian voters get to vote again soon. For my part, I’d like to win this in the most enduringly legitimate way – in the democratic process, where we are winning more quickly than some of us ever dreamed of."

NOM’s marriage march: Nakedly faith-driven, aggressive against gay parents, boring as all get-out.

Some key quotes from Tuesday's Prop. 8 hearing: "Suppose a state said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?"

Robin Tyler is angry about the SCOTUS Prop 8 hearing: "I was told to put a good spin on what happened. But I’m not going to do that. I felt like I was sitting in some Medieval court. I was counting how many Catholic Justices there were. I believe the public is far ahead of the Supreme Court on this issue. I’m angry. I felt like a second class citizen. I felt that some of the questions by the Justices were degrading. How dare they sit in front of a room of such accomplished LGBT people and refer to us like this was all something new! And when Scalia asked, ‘Where in the Constitution is there discrimination against gay people?’ I mean – women are not in the Constitution, either, but there’s implied discrimination. Some of their questions were demeaning and insulting to the audience – and the court was filled with people they were talking about! I just hope they do the right thing."

Maggie Gallagher: Pro-Gay Ruling from SCOTUS Would 'Take Away Something Very Precious' from Americans - VIDEO

NOM's Maggie Gallagher, who was also seen wandering through the pro-equality rally today, appeared on FOX News today to give her take on the Supreme Court and Proposition 8, facing off against former Clinton aide Richard Socarides, Equality Matters reports.

Said Gallagher:

"For the Supreme Court to brand this view as irrational bigotry akin to racial discrimination would not end the culture wars, it would entrench them, and it would take away something very precious, which is the right of seven million Californians to use the democratic process to make our case to the American people. And so, I certainly think trying that to persuade the American people that the Constitution drafted by our Founding Fathers in 1789 has always required gay marriage is a long stretch and I’m hopeful that the Supreme Court will uphold Prop 8."

Watch, AFTER THE JUMP...

NBC's Pete Williams Says SCOTUS Not Ready to Issue 'Any Kind of Sweeping Ruling' on Gay Rights: VIDEO

NBC's Pete Williams, who was in the courtroom, tells Thomas Roberts that the Supreme Court is "not prepared to issue any kind of sweeping ruling about gay rights" and that it's likely they'll limit their ruling to California. He also notes that it's "risky" to make any kind of an assessment simply based on oral arguments.

Watch, AFTER THE JUMP...

Our legal expert Ari Ezra Waldman has posted his analysis of today's arguments. Read his take on their questioning of Prop 8 proponents HERE, and opponents (Ted Olson's argument) HERE.

And listen to the audio and read the transcripts of today's arguments HERE.

(via the new civil rights movement)

Quinnipiac Poll: 64 Percent of New Jersey Voters Support Marriage Equality, 60 Percent Support Christie

A new Quinnipiac poll shows strong support for marriage equality in New Jersey:

By a 64 - 30 percent margin, voters support a law allowing same sex couples to marry. Men support same-sex marriage 60 - 32 percent, with a larger 68 - 28 percent support among women. Support by age ranges from 56 - 38 percent among voters over 55 years old to 80 - 17 percent among voters 18 - 34 years old.

New Jersey voters say 72 - 22 percent it's a good idea to decide the same-sex marriage issue by referendum on the November ballot.

Also, strong support for Chris Christie:

Christie leads State Sen. Barbara Buono, his likely Democratic challenger for reelection, 60 - 25 percent, also continuing a string of 2-1 leads over the largely unknown Sen. Buono. Voters also say 66 - 25 percent, including 44 - 43 percent among Democrats, that Christie deserves reelection, also continuing a trend.

Slate notes:

What was happening a year ago? New Jersey Democrats had given Christie a gay marriage bill, and he'd vetoed it. Gay marriage is way down the issue priority list in the state (1 percent of people say it's the key factor in their votes) but it's a wedge issue that Christie chose the wrong side of.

NOM Marchers Asked How Gays Have Damaged Their Marriage: VIDEO

Since one of the core arguments of conservatives is that same-sex marriage is a threat to "traditional marriage", Think Progress surveyed a few attendees of today's anti-equality rally, asking them how their marriage has been impacted by gay people being allowed to marry.

Watch, AFTER THE JUMP...