Supreme Court Hearings on Gay Marriage - Emily Bazelon Pt. 1

  • Aired:  03/28/13
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Slate's senior editor explains that, even with DOMA out of the picture, gay couples would lose federal benefits if they move to states that don't recognize same-sex marriage. (4:36)

PEOPLE WITH CONSTITUTIONAL RIGHTS.

[CHEERS AND APPLAUSE]

FOLKS, THE DECISION WILL NOT BE HANDED DOWN FOR MONTHS SO THERE'S NO WAY TO KNOW WHAT THE

COURT WILL DECIDE.

HERE TO TELL ME WHAT THE COURT WILL DECIDE IS SLATE SENIOR EDITOR AND RESEARCH FELLOW EMILY BAZELON.

ALL RIGHT.

LET'S GET INTO THIS.

OKAY, THE PROP 8 DECISION, THAT'S THE CALIFORNIA LAW THAT SAYS NO GAY MARRIAGE, THAT WAS

STRUCK DOWN BY A LOWER COURT.

WHAT IS GOING TO HAPPEN THERE?

>> A FEW DIFFERENT THINGS COULD HAPPEN.

THE SUPREME COURT COULD UPHOLD PROPOSITION 8, NO GAY MARRIAGE IN CALIFORNIA.

THE SUPREME COURT FOR A COUPLE DIFFERENT REASONS WILL DISMISS THE CASE, DECIDE THE WRONG

PARTIES WERE THERE.

>> Stephen: THEY ALREADY SAID WE'LL HEART CASE.

>> BUT THEY COULD STILL CHANGE THEIR MIND.

IF THAT HAPPENED THE LOWER COURT RULING WOULD STAND THERE AND WOULD BE GAY MARRIAGE IN CALIFORNIA.

>> Stephen: IF THEY SAY WE'RE NOT GOING TO HEAR IT IT'S DE FACTO GO GAIETY UP.

TECHNICALLY, LEGAL TECHNICALLY.

>> TECHNICALLY.

>> Stephen: THERE'S ANOTHER GAY MARRIAGE CASE UNNATURALLY JOINED AT THE PROP 8.

IT'S CALLED DOMEA.

DEFENSE OF MARRIAGE ACT.

WHAT DOES THAT SAY?

>> THE PART OF IT CONTESTED DEFINES MARRIAGE AS THE UNION OF A MAN AND A WOMAN FOR PURPOSING

OF GIVING OUT FEDERAL BENEFITS.

>> Stephen: WHAT IS GOING TO HAPPEN THERE?

>> THE LOWER COURT STRUCK DOWN THAT PART OF THE DEFENSE OF MARRIAGE ACT IN STATES THAT

RECOGNIZED GAY MARRIAGE AS LEGAL THEY SAID THE FEDERAL GOVERNMENT HAD TO FOLLOW THE STATE'S

DEFINITION OF MARRIAGE BECAUSE TRADITIONALLY WE GIVE STATES MORE SAY OVER MARRIAGE LAWS.

>> Stephen: DOES IT LOOK LIKE IT'S GOING TO GET STRUCK DOWN OR UPHELD?

>> IT LOOKS LIKE DOMA IS GOING DOWN.

>> Stephen: IF IT LOOKS LIKE DOMA IS GOING DOWN AND PROBABLY THEY'LL PUNT ON PROP 8 THAT

MEANS MARRIAGE WOULD BE LEGAL IN CALIFORNIA.

>> GAY MARRIAGE.

>> Stephen: GAY MARRIAGE, SORRY WHICH IS ALL MARRIAGE NOW I THINK.

HAVE YOU FOUND YOUR GAY PARTNER YET BECAUSE WE'LL BE FORCED TO DO IT.

>> I'LL LOOK.

>> Stephen: GET A GOOD ONE.

I'M GOING WITH RYAN GOSLING.

[CHEERS AND APPLAUSE]

IF GAY MARRIAGE STAYS LEGAL IN CALIFORNIA THAT'S A FIFTH OF UNITED STATES POPULATION RIGHT THERE.

>>S IF A LOT OF PEOPLE.

>> Stephen: THOSE PEOPLE, THE GAY PEOPLE CAN GET GET MARRIED AND MOVE TO OTHER STATES, RIGHT?

>> THEY WOULD STILL BE MARRIED ALTHOUGH THE OTHER STATES WOULD BE ABLE TO DECIDE FOR THEMSELVES

WHETHER TO RECOGNIZE.

>> Stephen: BUT THE FEDERAL GOVERNMENT WOULD RECOGNIZE THEM AS BEING MARRIED BECAUSE THEY

GOT MARRIED IN CALIFORNIA.

>> NOT NECESSARILY BECAUSE THE CHALLENGE TO DOMA APPLIES TO THE STATES THAT RECOGNIZE GAY

MARRIAGE AS LEGAL.

>> Stephen: IF I GET GAY MARRIED IN CALIFORNIA AND THE FEDERAL GOVERNMENT SAID YES, YOU

ARE MARRIED AND WE RECOGNIZE.

THAT HERE IS YOUR TAX, WHATEVER.

THEN I MOVE TO GEORGIA, THE FEDERAL GOVERNMENT SAYS YOU CAN'T FILE TOGETHER ON A FEDERAL LEVEL?

>> THAT'S RIGHT.

>> Stephen: I'M NOT A FAN AND I THINK THAT'S (bleep).

>> WELL --

>> Stephen: THAT MEANS, AND WE'LL GET BACK TO YOU TALKING, TOO, BUT SO LITERALLY I WOULD --

IF I WERE GAY I WOULD GET STRIPPED OF MY GAY MARRIAGE RIGHTS FEDERALLY IF I WALKED

ACROSS THE BORDER.

>> IF YOU MOVED YOU WOULD LOSE THE FEDERAL BENEFITS.

THE SCENARIO YOU JUST DREW OUT IS CRAZY.

WE WOULD HAVE A PATCHWORK OF MARRIAGE LAWS THBD WOULD BE THE NEXT CHALLENGE.

>> Stephen: LET ME POSE THE QUESTION TO SCHEEA.

WHEN DID GAY MARRIAGE BECOME A CONSTITUTIONAL RIGHT?

WHEN DID WE START ACCEPTING THAT?

GIVE ME THE DATE.

>> IT'S RECENTLY BUT I DON'T THINK YOU CAN PUT AN EXACT DATE ON IT.

>> Stephen: YOU CAN.

IT WAS SEPTEMBER 19, 2005 THE PREMIERE OF HOW I MET YOUR MOTHER.

[CHEERS AND APPLAUSE]

BECAUSE NEIL PATRICK HARRIS PLAYS A SUPER STRAIGHT HORN DOG AND WE BUY IT.

WILL YOU STICK AROUND FOR A SECOND MORE AND WE'LL GO TO COMMERCIAL, COME BACK AND FIGURE

IT OUT.

WE'LL BE RIGHT BACK WITH MORE FROM EMILY BAZEL

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