Wednesday, March 27, 2013

Today's DOMA Hearings

I found useful this analysis from The Nation of today's hearings on the DOMA case.   
This piece from the SCOTUSblog explains an important tension between the DOMA and Prop. 8 cases: "The challenge to DOMA is undergirded by a sense that marriage is a matter for state rather than federal regulation. The challenge to Proposition 8 is a direct challenge to just such a decision by a state."  In other words, if the Court overturns DOMA on the federalist grounds that the states should define marriage, that might imply that California has the right to decide on marriage and that Prop. 8 should stand.  Or, the court could go further to invalidate Prop. 8 as unconstitutional.

On a historical note, I discovered a documentary film-in-process about the 1975 case in which two men were granted a marriage license in Boulder, Colorado.  (The Time magazine article that we read, "Gays on the March," mentioned this event.) The film is called "Limited Partnership."  Read about the story, learn about the film, and watch the trailer here

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