Laws prohibiting gay marriage may be losing their stuffing. The Supreme Court heard arguments on California’s Proposition 8 and the federal Defense of Marriage Act in recent days, and its decision may become the ax future litigators use to chop away at state laws banning gay marriage.
Analysts say that if Justice Anthony Kennedy is comfortable with the implications of a broad ruling and has the support of four other justices to overturn the laws, it could be a historic moment for gay rights. There are some 1,100 legal contexts in which marriage is a factor, so if the Defense of Marriage Act falls, it will affect taxes, benefits, those 1,100 legal contexts — it literally will be a whole new world.
I watched a video of pundits outside the courthouse after the hearing, and listened to Edie Windsor as she detailed the situation she faced after her 40-year partner Thea died. She’s mostly deaf, quite old, still spry and so passionate. I’m rooting for her.