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Queer Talk: CNN’s Toobin Predicts SCOTUS Will Hear DOMA Challenge But Not Prop 8

Last week the American Foundation for Equal Rights reported that the Supreme Court will “discuss whether to hear AFER’s federal constitutional challenge to California’s Proposition 8 at its private Conference on Friday, November 30.”

In a forum at JFK Presidential Library yesterday, CNN’s Jeff Toobin said he thinks SCOTUS will decline to hear the Prop 8 case, but will take a case which challenges DOMA. From Keen News:

… Toobin said, ‘I don’t believe they are ready to take the backlash’ of striking down laws banning same-sex marriage.

‘They can see the writing on the wall,’ said Toobin. ‘They see that same-sex marriage is happening.” But if the high court refuses to hear the appeal from Yes on 8 supporters of Proposition 8, he said, then same-sex marriage will become legal in California only.

‘If they were to take that case and decide there is a right to same-sex marriage,’ said Toobin, ‘that means there’s a right not just in California, but in Mississippi, too. And I don’t believe they are ready to take the backlash.’

Of the DOMA cases, Toobin speculates that it will likely be

… the consolidated cases out of Massachusetts. Known generally as Gill v. Office of Personnel Management, the cases were brought by Gay & Lesbian Advocates & Defenders and the Commonwealth of Massachusetts.

The Court decisions about which cases it will hear are expected to be announced on December 3.

(Marriage is a Basic Civil Right poster via AFER)

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