Thursday, February 7, 2013

Murray Dray at the Ath: Same Sex Marriage and the Constitution

I just attended Murry Dray's lecture on the upcoming Supreme Court cases dealing with gay marriage and DOMA (Perry v. Brown and US v. Windsor).  Admittedly, most of the lexicon pertaining to judicial review and arguments likely to be taken in these upcoming cases was way over my head.

I was able to glean a general sense, though, that these cases are much more complicated than the question of whether same-sex couples should be allowed the right to marry under federal law.  Despite how any of us feels about marriage equality, depending on the courts to somehow supersede popular sentiment or legal statutes is, though not unprecedented, rather a tall order.

Dray predicts/argues in the end that the Court should reverse the Prop 8 decision in California while also striking down DOMA (if anybody else was at the lecture and has a different understanding, please correct me).  If the cases play out as such, this will make for a prolonged state-by-state process for the furthering of marriage equality.

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