Supreme Court Takes Up Challenge Against DOMA

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Due Diligence

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We are continuing our week-long coverage of the debate over same-sex marriage. Today the Supreme Court heard a challenge against the Defense of Marriage Act which passed in 1996. The law defined marriage as only being between a man and a woman affecting 1,100 statutes covering everything from taxes to federal benefits. Like the state of California in the case of Proposition 8 heard yesterday, the Obama Administration has elected not to defend the law against court challenge. As a result, members of Congress formed the Bipartisan Legal Advisory Group to take up defense of DOMA, opening a challenge to their very defense because they may lack standing. The Court also must decide whether same-sex couples are a protected class in the way interracial couples were determined to be in Loving v. Virginia which overturned laws outlawing interracial marriage.

A little later, I will have in-studio, Fred Karger, a long-time Republican campaign consultant and now director of Rights Equal Rights, a pro-same sex marriage advocacy group. Before that we’ll get into the case itself with some legal insight from William Duncan of the Marriage Law Foundation who wrote an amicus brief for the Court in support of BLAG and those calling DOMA constitutional. But first we’ll talk to David McKean, legal director for OutServe-SLDN who wrote a brief on in support of plaintiffs challenging DOMA.

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