Prop 8 and the same-sex marriage ban at the Supreme Court

Anti-Proposition 8 protesters wave a rainbow flag in front of the U.S. Supreme Court in Washington, March 26, 2013. Two members of the U.S. Supreme Court, both viewed as potential swing votes on the right of gay couples to marry, raised doubts about California's gay marriage ban on Tuesday as they questioned a lawyer defending the ban. REUTERS/Jonathan Ernst
Anti-Proposition 8 protesters wave a rainbow flag in front of the U.S. Supreme Court in Washington, March 26, 2013.  REUTERS/Jonathan Ernst

Tuesday 7:30 p.m. Which Way, LA? asks if Prop. 8 will survive the Supreme Court

Warren talked to a group of activists and lawyers to try to answer Justice Sotomayor’s question, “If the issue is letting the States experiment and letting the society have more time to figure out its direction, why is taking a case now the answer?” The full show is below:

Tuesday 3:15 p.m. Social media and same-sex marriage

Are you seeing red on your Facebook feed today?  A pink equal sign on top of a red background is a variation of the Human Rights Campaign’s blue and yellow logo and it is all over social media.


According to Facebook, celebrities like Ricky Martin, Felicity Huffman and George Takei, as well as politicians like Maryland Gov. Martin O’Malley, Illinois Gov. Pat Quinn and Democratic Sen. Mark Warner of Virginia, changed their Facebook profile pictures to the red and pink image. (CNN)

Tuesday 2:15 p.m. Here’s a Soundcloud file of the full hearing (via LA Times)

Tuesday 12:30 p.m. Shifting public opinion on same-sex marriage?

From the LA Times: 

A poll by the Pew Research Center for the People and the Press, released last week and conducted in mid-March, found that 14% of Americans say they have changed their minds about same-sex marriage. Roughly a third of them told pollsters it was because they know someone — a friend or family member or other acquaintance — who is gay.

On today’s To the Point,Warren talked with Andrew Kohut, President of the Pew Research Center about whether younger generations are more supportive of same-sex marriage. Kohut says yes. But in the clip below, Ryan Anderson from the Heritage Foundation and author of the book, “What is Marriage?” disagrees.

[soundcloud id=’85048074′]

Tuesday 11:55 a.m. Scalia and Olson on the constitutionality of same-sex marriage

We’ve been combing the transcript for sound to use on today’s “To the Point.” Here’s an interesting exchange between Justice Scalia and Solicitor General Theodore Olson, who is challenging the law:

[soundcloud id=’85038283′]


I’m curious, when — when did — when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Sometimes — some time after Baker, where we said it didn’t even raise a substantial Federal question? When — when — when did the law become this?

MR. OLSON: When — may I answer this in the form of a rhetorical question? When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools.

JUSTICE SCALIA: It’s an easy question, I think, for that one. At — at the time that the Equal Protection Clause was adopted. That’s absolutely true. But don’t give me a question to my question.


Tuesday 9:55 a.m. Sound from the Prop. 8 hearing available online has posted the audio and the transcript from the hearing. You can listen to the full hour and 19 minutes of what happened in the court here.

Tuesday 9:00 a.m. Arguments wrap at Supreme Court

The Supreme Court heard arguments this morning in Hollingsworth v. Perry, the case that will determine whether Prop. 8 unconstitutionally discriminates against gay couples.  The New York Times reports that Justice Kennedy, a potential swing voter in this case expressed understanding for the children of gay parents but also questioned the long term effects on society: “We have five years of information to pose against 2,000 years of history or more,” he said.

Kris Perry, a plaintiff in the case told reporters outside the courtroom: “In this country as children, we learn that there’s a founding principle, that all men and women are created equal. … Unfortunately with the passage of Proposition 8, we learned that there are group of people in California who are not being treated equally.” (CNN)

Sandy Stier, Perry’s partner, who is also a plaintiff in the case said, “I, like all Americans, believe in equality. I also believe in our judicial system and I have great faith in it. But more than anything, I believe in love. And Proposition 8 is a discriminatory law that hurts people. It hurts gays and lesbians in California and it hurts the children we’re raising. And it does so for no good reason.”

SCOTUSBlog tweeted this:

Monday 3:30 p.m. Screenwriter Dustin Lance Black talks to Warren about Prop. 8

Warren interviewed the screenwriter behind “Milk,” and the play, “8,”.  The play was based on the federal trial following the passage of Prop. 8, which outlawed same-sex marriage in California. Listen:

[soundcloud id=’84912451′]

Monday 11:20 a.m. Getting ready for SCOTUS hearing on Prop. 8

Advocates on both sides of the case are preparing for the Supreme Court hearing on California’s Prop. 8, which outlawed gay marriage in the state. A Supreme Court ruling could make bans on gay marriage in 38 states unconstitutional. There was a vigil at Los Angeles City Hall Sunday night in support of gay marriage. The Supreme Court is also hearing arguments on the constitutionality of the Defense of Marriage Act. NPR has this primer on both cases, which come as Americans are more supportive of gay marriage than ever before.

A candlelight vigil was held on Sunday evening. Photo by Saul Gonzalez.

Below, KCRW’s Saul Gonzalez catches up with Councilman-elect Mike Bonin, who is gay, and asks him about how public opinion has changed when it comes to gay marriage:

[soundcloud id=’84879174′]

Saul also spoke to a couple at the rally, who said Prop 8 was going away, no matter how the Supreme Court rules:

[soundcloud id=’84879560′]


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