In case you haven’t noticed, the biggest question facing the Supreme Court when it decides the gay marriage cases this spring has become whether it can rise to the level of LGBT rights ferocity already achieved by American business leaders, moderate Republicans and the Obama administration. By the end of last week, when all the amicus briefs in support of striking down California’s Prop 8 and the Defense of Marriage Act (DOMA) had been filed, support for marriage equality seemed to have been transformed into the new normal—at least outside the confines of the Court.
In fact, judging from the press coverage of the briefs, if the justices don’t rule in favor of gay marriage, it is the Court that will look bad. This perception is an incredible achievement, a brilliant exercise in political framing by the lawyers and legal organizations behind the two cases, who mobilized the amicus show of force. The business brief and the Republican brief, especially, are clearly designed to provide political cover for the Court’s five conservative Justices.
While nothing is certain, there is virtually unanimous agreement among lawyers and law professors that the tougher case for gay rights groups is the challenge to Prop 8 rather than the one to DOMA. The Prop 8 case raises the question of whether all of the forty other state laws banning gay marriage are constitutional, while DOMA implicates only a federal recognition policy that leaves variance in state laws intact….
The Same-Sex Marriage Cases: A Primer
Source: Erica Ryan, NPR, March 25, 2013
Special Feature: Same-Sex Marriage
Source: SCOTUSblog, 2013
Friend-of-the-Court Briefs Submitted by Williams Institute Scholars in Two Marriage-Related Cases Pending Before the U.S. Supreme Court
Source: Williams Institute, March 2013
Marriage for Same-Sex Couples
Source: ACLU, 2013
Same-Sex Marriage: A Selective Bibliography of the Legal Literature
Source: Paul Axel-Lute, Rutgers Law Library, originally published September 2002, last updated October 19, 2012
Inside the Landmark Same-Sex Marriage Supreme Court Case: Recordings of Oral Arguments, Plaintiffs
Source: Democracy Now, March 27, 2013