CQ Roll Call May 24, 2013 | Register

Supreme Court to Decide Whether to Hear Gay Marriage Cases

The Los Angeles Times reports that the Supreme Court will decide this week whether to hear two cases involving same-sex couples.

“Now, the justices must decide whether to hear an appeal from the defenders of California’s Proposition 8, the 2008 voter initiative that limited marriage to a man and a woman. At the same session Friday, the court will sift through several appeals to decide whether legally married gay couples have a right to equal benefits under federal law. Appeals courts in Boston and New York have struck down the part of the Defense of Marriage Act that denies such a right.”

“If Chief Justice John G. Roberts Jr. joins the other three, the conservatives would have the needed four votes to hear the Proposition 8 case. They may hesitate. To form a majority, they would need Kennedy, the author of the court’s two strongest gay rights rulings… Still, the court’s liberals also may hesitate. Justice Ruth Bader Ginsburg, though a leading women’s rights legal advocate, has said she thought the court made a mistake in the 1970s by moving too fast to declare a national right to abortion.”

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