29 March 2013

Defense of marriage? Hardly

Josh Voorhees has a Slate article about DOMA:

Slate will have more coverage of today's Supreme Court hearing on DOMA, but here are early reactions from those who watched this morning's arguments in Washington:
The early analysis coming from the courtroom suggests that a majority of the justices were skeptical of the Defense of Marriage Act that bans the federal recognition of gay marriage, but— not unlike yesterday— they appeared somewhat reluctant to take up the matter.
Our daily SCOTUS disclaimer: early analysis is just that, all the more so because much of it is coming in over Twitter. Court watchers and the media often read too much into oral arguments (see: Obamacare), so we won't know anything for sure until the court issues its decision later this year.
•NPR's Nina Totenberg: If the courts get to the merits of the case, there are likely five votes to strike down DOMA.
•SCOTUSblog: The court is eighty percent likely to strike down DOMA. Justice Kennedy suggests it violates states’ rights; four other Justices see it as a gay rights issue.
•Justin Snow‏@journosnow: Justices seem concerned by what precedent it would set to hear case if Presidents can dictate which laws they believe are unconstitutional.
•E.J. Graff@ejgraff: DOMA is going down. Kennedy thinks it's Federal overreach. 5-4.
•NBC News: Supreme Court likely to strike down Defense of Marriage Act.

Rico says if we looked at the percentage of Senators and Representatives who are no longer on their first marriage (Barney Frank excepted), this would be more obvious...

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