Take Two for May 30, 2013

Supreme Court could reject California's Prop 8 on a technicality

Supreme Court Hears Arguments On California's Prop 8 And Defense Of Marriage Act

Chip Somodevilla/Getty Images

Eric Breese (L) of Rochester, New York, joins fellow George Washington University students and hundreds of others to rally outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act (DOMA) March 27, 2013 in Washington, DC. The Supreme Court will hear arguments in the second case this week about same-sex marriage.

The future of gay marriage in California now rests in the hands of the Supreme Court. We're just weeks away from a decision — expected some time in June — and lawyers around the country are debating how various rulings would play out. 

The court will either uphold the 2010 court ruling that Prop 8 is unconstitutional, or it will let the same sex marriage ban stand. There is also a chance that the whole case will be tossed out on a technicality.

Supreme Court justices could rule that those sponsoring the measure had no legal right to defend it in court. It would be the end of the road for the federal challenge to Proposition 8, but it's effect back home in California is far from clear.

For more on this, we're joined by David Codell, legal director at the Williams Institute, UCLA School of Law.


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