AirTalk for August 1, 2012

Supreme Court asked to hear Prop 8 case

Supreme Court Building

Chip Somodevilla/Getty Images

Opponents of gay marriage petitioned the Supreme Court to reverse their ruling about the unconstitutionality of gay marriage bans.

Proposition 8 may finally get its day in high court.

Yesterday, opponents of gay marriage petitioned the Supreme Court to look at the case. Attorneys for the Alliance Defending Freedom (ADF), part of the legal team for ProtectMarriage.com, asked the Court to reverse the 9th Circuit ruling that called a same-sex marriage ban unconstitutional.

ADF general counsel, Andrew Pugno told KQED, "It's actually a relief to finally get to where we think we're going to have a fair hearing." The petition has been a long time coming. The voter-approved ban on same-sex marriage has been through California courts, federal court and federal appeals court.

If the Supreme Court decides to hear the case it will certainly impact California, but how it would affect other states is anyone’s guess. How would each side argue the case? Which states-rights cases would petitioners use? Which civil-rights cases would gay marriage proponents cite?

Guests:

John Eastman, Chairman of the Board, National Organization for Marriage; Former Dean and Professor, Chapman University School of Law; Founding Director, Center for Constitutional Jurisprudence

Laura Brill, Partner with the law firm Kendall Brill Klieger; former Supreme Court law clerk for the Honorable Ruth Bader Ginsburg


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