home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Social Sciences
Stonewall Riots Stonewall Riots
The confrontations between police and demonstrators at the Stonewall Inn in New York City the weekend of June 27-29, 1969 mark the beginning of the modern glbtq movement for equal rights.
 
Gay Liberation Front
Formed soon after the Stonewall Riots of 1969, the short-lived but influential Gay Liberation Front brought a new militancy to the movement that became known as gay liberation.
 
The Sexual Revolution, 1960-1980 The Sexual Revolution, 1960-1980
The sexual revolution of post-World War II America changed sexual and gender roles profoundly.
 
Leather Culture
"Leather" is a blanket term for a large array of sexual preferences, identities, relationship structures, and social organizations loosely tied together by the thread of what is conventionally understood as sadomasochistic sex.
 
Anthony, Susan B. Anthony, Susan B.
Although best known for her crusade for women's suffrage, Susan B. Anthony spoke out on a range of feminist issues.
 
Africa: Sub-Saharan, Pre-Independence
With reports from hundreds of sub-Saharan African locales of male-male sexual relations and from about fifty of female-female sexual relations, it is clear that same-sex sexual relations existed in traditional African societies, though varying in forms and in the degree of public acceptance
 
Androgyny Androgyny
Androgyny, a psychological blending of gender traits, has long been embraced by strong women, soft men, members of queer communities, and others who do not easily fit into traditionally defined gender categories.
 
Russia
A cultural crossroads between Asia and Europe, Russia has a long, rich, and often violent heritage of varied influences and stark confrontations in regard to its patterns of same-sex love.
 
Topics In the News
 
Oral Arguments on Same-Sex Marriage at the Supreme Court
Posted by: Claude J. Summers on 03/23/13
Last updated on: 03/24/13
 
Bookmark and Share

On March 21, 2013, in very chilly weather, a line began forming in front of the United States Supreme Court. Prospective witnesses to history gathered in hopes of securing scarce tickets to observe the oral arguments in two key cases involving same-sex marriage that will be heard by the Court on March 26 and March 27. Most of us, however, will have to be content with reading and hearing the arguments.

In a nod to the high level of public interest in these cases, the Supreme Court announced on March 19 that it will release, shortly after the arguments are completed, the audiotapes and written transcripts of the hearings. The sound recordings and the transcripts will be available on the Court's website.

The recordings and transcripts of the arguments involving California's Proposition 8 should be available by 1:00 p.m. (Eastern Daylight Time) on Tuesday, March 26; the material regarding the Defense of Marriage Act (DOMA) should be available on March 27 by 2:00 p.m.

The Supreme Court recently issued its "hearing list" for the cases.

Arguments in the Proposition 8 case, now called Hollingsworth v. Perry, will begin at 10:00 a.m. on March 26. One hour has been allotted for argument.

Charles Cooper, the lead attorney for ProtectMarriage.com and the official proponents of Prop 8, will argue in defense of the law's constitutionality. He has been granted 30 minutes. Theodore Olson, representing the American Foundation for Equal Rights and the plaintiffs challenging Proposition 8, will argue that the law is unconstitutional and should be invalidated. He has been granted 20 minutes.

In addition, Solicitor General of the United States Donald Verrilli, Jr., has been granted 10 minutes to present the federal government's position that Proposition 8 should be considered under heightened scrutiny and thus ruled unconstitutional.

In the DOMA case, U.S. v. Windsor, which will be considered on Wednesday, March 27, beginning at 10:00 a.m., argument has been divided into two sections.

The first section, which will last for 50 minutes, will focus on the question of whether the Bipartisan Legal Advisory Group (BLAG) of the United States House of Representatives has the legal authority to defend DOMA since the Executive Branch has declined to do so. These jurisdictional arguments will also consider whether there is a legitimate controversy for the Court to consider, since both the plaintiff in the case (Edie Windsor) and the defendants (the federal government) agree that DOMA is unconstitutional and do not dispute the lower courts' rulings to that effect.

In this first section, Harvard Law professor Vicki Jackson, who was appointed by the Court specifically to argue against standing, will contend both that BLAG lacks standing to defend DOMA and that the Supreme Court has no jurisdiction to hear the case. Deputy Solicitor General Sri Srinivasan will argue on behalf of the federal government that the Court has jurisdiction to hear the case, while Paul D. Clement, who has been hired by BLAG to defend DOMA, will present the case that BLAG has standing to appeal the Second Circuit's ruling in Edie Windsor's favor.

After the argument concerning standing, arguments on the merits of DOMA's constitutionality will commence. Paul Clement has been allocated 30 minutes to argue on behalf of BLAG, while Solicitor General Verrilli will present the federal government's position against the law for ten minutes. Windsor's attorney, Roberta Kaplan, a partner at the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison, has been granted twenty minutes to argue against the constitutionality of DOMA.

In addition to the crucial question of standing in both cases, other issues that are likely to surface in the oral arguments include the following. The interpretation of Romer v. Evans, the landmark 1996 case in which the Supreme Court invalidated a state constitutional amendment enacted by popular vote that prohibited municipalities and state agencies from granting lesbians and gay men protected status, is almost certain to be raised since the Ninth Circuit's opinion invalidating Proposition 8 rests on Romer v. Evans. The question of whether laws affecting gay men and lesbians should be subjected to "heightened scrutiny" or the more deferential status of "rational scrutiny" or perhaps some intermediate level of scrutiny will also be highlighted in the arguments. Also likely to be the subject of disagreement between the parties is whether Proposition 8 and DOMA violate the constitutional principles of "equal protection under the law" and "due process."

It should also be kept in mind that the questions from the Justices are sometimes more significant than the presentations by the attorneys. While the questions may not necessarily indicate the way an individual Justice will ultimately rule, they may signal the issues that will be at the forefront of the Court's deliberations.

Nan Hunter at her blog Hunter of Justice, comments as follows on the questions asked by the Justices: "Most of the time, most of the questions are probing for the weaknesses in whichever argument is being made by either side. These queries don't necessarily indicate how a Justice will vote. A Justice may ask the toughest questions she can think of for the party she (probably) favors, in order to clarify an issue that she knows is bothering another Justice. Occasionally, the questions become almost rhetorical and before you know it, the argument is effectively between Justice X and Justice Y."

Although the arguments will not be televised, some bloggers are planning to "live blog" during the proceedings.

An indispensable source of information about the marriage equality cases is Equality on Trial, the website sponsored by the Courage Campaign. Adam Bink, Jacob Combs, and Scottie Thomaston do an excellent job in covering judicial proceedings concerning marriage equality.

In the video below, Tom Goldstein, founder of Scotusblog, offers a "Viewers guide to Gay Marriage Oral Arguments."

In the following video, from June 2011, Theodore Olson and David Boies, joint counsel in the case challinging Propostion 8 celebrate the 44th anniversary of the Supreme Court's ruling in Loving v. Virginia, which struck down state bans on interracial marriage. They hope that the Supreme Court this year will make a similar ruling in the Proposition 8 and DOMA cases.

 
Related Encyclopedia Entries
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.