On March 26, the U.S. Supreme Court took up California’s Proposition 8 banning same-sex marriage, a case in which opponents to the ban seek full participation by gay couples in the fundamental right to marry. On March 27, the Defense of Marriage Act was before the court.
National Law Journal reporters Tony Mauro and Marcia Coyle cover the arguments and look at the issues, the stakes, and the attorneys involved in the historic constitutional test of gay marriage rights.
Court likely to dump DOMA, punt on Prop. 8
The Supreme Court’s historic two-day scrutiny of the issue of same-sex marriage showed the justices as a cautious bunch.
The compelling case for cameras
The notion that spectators have to camp out or spend money to see a public institution do public business is offensive.
THE DAY FOR DOMA
Court sends mixed signals as marriage arguments end
Justices probed all aspects of the issue from the philosophical and political to the procedural on Wednesday.
Inside the Court during the DOMA arguments
The previous day’s excitement did not wane as all the sections were once again overflowing with spectators.
How lawyers saw the DOMA arguments
We asked several lawyers for a fast analysis of Tuesday’s Supreme Court fight over Section 3 of the federal Defense of Marriage Act of 1996, which defines marriage as between a man and woman for all federal purposes.
Lawyers reflect on ‘Super Bowl of Supreme Court arguments’
"Even though I wish Paul Clement played on my team more often, hes still beautiful to watch," said Elizabeth Wydra, chief counsel at the Constitutional Accountability Center.
Listen to audio of the oral arguments in United States v. Windsor.
THE JUSTICES CONSIDER PROP 8 CASE
Court struggles with gay marriage and California’s ban
Gay marriage advocates encountered a cautious and sometimes skeptical Court on Tuesday.
Inside the Court, a host of legal stars
The first sign of how big the Supreme Court arguments in Hollingsworth v. Perry would be was visible even before the justices took to the bench.
How lawyers saw the Prop 8 arguments
We asked several lawyers for a fast analysis of Tuesday’s Supreme Court fight over California’s Proposition 8, which bans same-sex marriage in the state.
Outside the Court, supporters and opponents make their case
As the justices grappled with the California same-sex marriage ban, activists on both sides of the debate vied for attention, flooding the sidewalks and the street outside the court.
Listen to audio of the oral arguments in Hollingsworth v. Perry.
THE RUN-UP TO THE HIGH COURT
DOMA fight raises question: Is it time to change course?
Dozens of briefs from former military officials, intelligence officers and even a bankruptcy judge urge the Supreme Court to strike down the law.
Prop. 8 opponents seek broad ruling, not just for California
How the Roberts court resolves the difficult legal questions, from the standing of the ban’s proponents to defend it to the constitutional standard of review, could well define the court for years to come.
Parties duel over recusal issue
A revived debate over whether two California federal judges involved in the Prop 8 case at earlier stages should have recused themselves.
Same-sex marriage: The lawyers
Who they are and how they got into the cases.
Amicus briefs in Prop 8 and DOMA
The stakes are indeed high in both these cases, evidenced by the outpouring of amicus briefs spanning the political, legal, religious, social, business and labor spectrums.