Prop 8 U.S. Supreme Court Hearing Preview

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A Sacramentan is once again going to be the man in the middle. Eyes will be on Judge Anthony Kennedy the next few days as the Supreme Court faces major decisions on gay marriage.

On Tuesday, the court will hear a challenge to California’s Proposition 8, which was passed in 2008 and said marriage could only be between a man and a woman.

Professor John Sims teachers at McGeorge School of Law in Sacramento, the same school Justice Kennedy once taught at. He says, “Lower Federal Courts said that’s unconstitutional and now it’s been appealed to Supreme Courts.”

On Wednesday, the justices will hear the arguments against DOMA – The Defense of Marriage Act, which says that for federal purposes, marriage is only between a man and a woman. What does that mean if DOMA is overturned?  Professor Sims says, “Practical consequence then is if a state or some other jurisdiction has adopted a different definition…then federal law overrides that for tax and benefits purposes.”

Professor Sims implies Justice Kennedy will support gay marriage.  He says,  “I would say those challenging Prop 8 and those challenging DOMA site Justice Kennedy’s opinions in Romer and Lawrence again and again and again.”

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