Gay civil rights bills race to the Supreme Court, but which has the best shot?

Jun 6, 2012

Federal Appeals Court Rules Anti-Gay Marriage Bill, Proposition 8 Unconstitutional

Opponent of Proposition 8, California’s anti-gay marriage bill, Eddie Reynoso celebrates at Los Angeles City Hall on February 7, 2012 in Los Angeles, California. A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the voter-approved Proposition 8 measure violates the civil rights of gay men and lesbians. Credit: Kevork Djansezian/Getty Images

Back in February, a three-judge panel of the California Ninth Circuit Court of Appeals ruled Proposition 8 – the state ban on same sex marriage – unconstitional. On Tuesday, the California Ninth Circuit Court of Appeals declined to revisit its original ruling on Proposition 8 en banc, which makes the Supreme Court of the United States the next place for the appeal.

Out of all of the lawsuits making their way towards the Supreme Court on the issue of gay marriage, however, is this the one that gay rights supporters want to arrive first? And what about those opposed?

There are a variety of challenges to the ban on same sex marriage and the federal Defense of Marriage Act (DOMA) that have been winding their way through the court system. What’s the strategy involved in choosing which case should arrive first? Listen in as Patt cross-examines the cases.


Eugene Volokh, a constitutional law professor at the UCLA School of Law

Julie Small, KPCC’s State Capital reporter

Adam Bink, director of online programs for Courage Campaign, an online organizing network against Proposition 8 and other anti gay marriage legislation that empowers more than 750,000 grassroots activists to push for progressive change and full equality in California and across the country

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