DOMA Ruling Prompts Change in Federal Student Aid Rules
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The change will occur on U.S. Department of Education's Free Application for Federal Student Aid — which all parents and students know as \u003ca href=\"http://www.fafsa.ed.gov/\" target=\"_blank\">FAFSA\u003c/a>. The application is used to assess a student's financial resources and need. If a student is married, that assessment can include a partner's financial status. \u003c/p>\n\u003cp>Here's the story from the Associated Press:\u003c/p>\n\u003cp>\u003cstrong>By Philip Elliott\u003cbr />\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>WASHINGTON — Students in same-sex marriages will be treated the same as their straight married classmates when it comes to federal college loan applications, Education Secretary Arne Duncan said Friday in a shift that reflects this year's Supreme Court ruling that broadened gay rights.\u003c/p>\n\u003cp>\"We must continue to ensure that every single American is treated equally in the eyes of the law, and this important guidance for students is another step forward in that effort,\" Duncan said in a statement.\u003cbr />\n[ad fullwidth]\u003cbr />\nThe Education Department also revised its required Free Application for Federal Student Aid to reflect more inclusive language about students and their parents. The department said it would recognize a student — and parents — as legally married if the couple was legally married in a state that permits same-sex marriages.\u003c/p>\n\u003cp>The new application forms do not distinguish between gay or straight marriages.\u003c/p>\n\u003cp>The department also said students' eligibility for federal aid would be the same in all 50 states, regardless of where the student attends school.\u003c/p>\n\u003cp>For instance, a same-sex couple from Massachusetts, where gay marriage is legal, would be treated the same as a straight couple if one or both applied for a federal student loan to attend a school in one of the 34 states that do not permit gay marriage. The same standards would apply to parents in same-sex marriages.\u003c/p>\n\u003cp>\"As students fill out their FAFSA this coming year, I'm thrilled they'll be able to do so in a way that is more fair and just,\" Duncan said, using the financial aid application's acronym.\u003c/p>\n\u003cp>Before the Supreme Court ruled this summer, the Education Department was bound by the Defense of Marriage Act, which prohibited all federal agencies from recognizing same-sex marriages. The Clinton-era law defined marriage as between one and one woman and hurt many applicants in same-sex marriages.\u003c/p>\n\u003cp>Friday's move is the latest from the Education Department to be more helpful to students in same-sex marriages or with married gay parents.\u003c/p>\n\u003cp>Even before the ruling, Duncan instructed the department to collect information on both of the student's legal parents, regardless of marital status. That meant children being raised by unmarried couples — regardless of sexual orientation — would have both adults' incomes factored into financial aid eligibility.\u003c/p>\n\u003cp>That was an effort to reflect that same-sex couples share financial responsibilities for children, even if their state does not sanction gay marriages. [ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Equal treatment for gay and straight couples in wake of high court decision to strike down law.","status":"publish","parent":0,"modified":1533242557,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":524},"headData":{"title":"DOMA Ruling Prompts Change in Federal Student Aid Rules | KQED","description":"Equal treatment for gay and straight couples in wake of high court decision to strike down law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"DOMA Ruling Prompts Change in Federal Student Aid Rules","datePublished":"2013-12-13T16:35:28.000Z","dateModified":"2018-08-02T20:42:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"120717 http://ww2.kqed.org/news/?p=120717","disqusUrl":"https://ww2.kqed.org/news/2013/12/13/doma-ruling-prompts-change-in-federal-student-aid-rules/","disqusTitle":"DOMA Ruling Prompts Change in Federal Student Aid Rules","customPermalink":"2013/12/13/doma-same-sex-student-financial-aid-fafsa/","path":"/news/120717/doma-ruling-prompts-change-in-federal-student-aid-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The latest change in federal government practice due to the U.S. Supreme Court's decision last June \u003ca href=\"http://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-doma-decision/\" target=\"_blank\">to strike down the Defense of Marriage Act\u003c/a>: students in same-sex marriages will be treated the same as straight married students when it comes to applying for federal financial aid. The change will occur on U.S. Department of Education's Free Application for Federal Student Aid — which all parents and students know as \u003ca href=\"http://www.fafsa.ed.gov/\" target=\"_blank\">FAFSA\u003c/a>. The application is used to assess a student's financial resources and need. If a student is married, that assessment can include a partner's financial status. \u003c/p>\n\u003cp>Here's the story from the Associated Press:\u003c/p>\n\u003cp>\u003cstrong>By Philip Elliott\u003cbr />\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>WASHINGTON — Students in same-sex marriages will be treated the same as their straight married classmates when it comes to federal college loan applications, Education Secretary Arne Duncan said Friday in a shift that reflects this year's Supreme Court ruling that broadened gay rights.\u003c/p>\n\u003cp>\"We must continue to ensure that every single American is treated equally in the eyes of the law, and this important guidance for students is another step forward in that effort,\" Duncan said in a statement.\u003cbr />\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr />\nThe Education Department also revised its required Free Application for Federal Student Aid to reflect more inclusive language about students and their parents. The department said it would recognize a student — and parents — as legally married if the couple was legally married in a state that permits same-sex marriages.\u003c/p>\n\u003cp>The new application forms do not distinguish between gay or straight marriages.\u003c/p>\n\u003cp>The department also said students' eligibility for federal aid would be the same in all 50 states, regardless of where the student attends school.\u003c/p>\n\u003cp>For instance, a same-sex couple from Massachusetts, where gay marriage is legal, would be treated the same as a straight couple if one or both applied for a federal student loan to attend a school in one of the 34 states that do not permit gay marriage. The same standards would apply to parents in same-sex marriages.\u003c/p>\n\u003cp>\"As students fill out their FAFSA this coming year, I'm thrilled they'll be able to do so in a way that is more fair and just,\" Duncan said, using the financial aid application's acronym.\u003c/p>\n\u003cp>Before the Supreme Court ruled this summer, the Education Department was bound by the Defense of Marriage Act, which prohibited all federal agencies from recognizing same-sex marriages. The Clinton-era law defined marriage as between one and one woman and hurt many applicants in same-sex marriages.\u003c/p>\n\u003cp>Friday's move is the latest from the Education Department to be more helpful to students in same-sex marriages or with married gay parents.\u003c/p>\n\u003cp>Even before the ruling, Duncan instructed the department to collect information on both of the student's legal parents, regardless of marital status. That meant children being raised by unmarried couples — regardless of sexual orientation — would have both adults' incomes factored into financial aid eligibility.\u003c/p>\n\u003cp>That was an effort to reflect that same-sex couples share financial responsibilities for children, even if their state does not sanction gay marriages. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/120717/doma-ruling-prompts-change-in-federal-student-aid-rules","authors":["222"],"programs":["news_6944"],"categories":["news_18540","news_6188","news_8"],"tags":["news_3672","news_322"],"featImg":"news_10576024","label":"news_6944"},"news_101652":{"type":"posts","id":"news_101652","meta":{"index":"posts_1591205157","site":"news","id":"101652","score":null,"sort":[1372360321000]},"guestAuthors":[],"slug":"california-married-couples-look-forward-to-federal-benefits","title":"California Same-Sex Couples Look Forward to Federal Benefits","publishDate":1372360321,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_101674\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/couples.jpg.jpg\">\u003cimg class=\"size-medium wp-image-101674 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/couples.jpg-300x200.jpg\" alt=\"Jenni Chang and Lisa Dazols, from San Francisco, outside City Hall.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jenni Chang and Lisa Dazols, from San Francisco, outside City Hall. (Photo: Deb Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>In 2011, more than 28,000 California same-sex couples reported being married, according to the U.S. Census Bureau. That includes the 18,000 couples estimated to have been married in the brief time that same-sex marriage was legal in the state. Proposition 8 put an end to that, but now that Wednesday's U.S. Supreme Court decision has effectively invalidated Prop. 8, many more same-sex marriages are sure to follow.\u003c/p>\n\u003cp>And another decision by the high court yesterday striking down a key provision of the Defense of Marriage Act could greatly benefit those couples financially. They can now look forward to more than 1,000 federal benefits enjoyed by their opposite-sex counterparts: tax breaks, pensions and immigration rights that are tied to marriage status.\u003c/p>\n\u003cp>State Assemblywoman Toni Atkins married her partner during that brief window when same-sex marriages were legal. Yesterday Atkins said she's looking forward to the ability to file a joint federal tax return.\u003c/p>\n\u003cp>\"I can stop checking on my state tax forms ‘married.’ And feeling like I’m lying to the federal government when I check ‘single.’ \u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://business.time.com/2013/06/27/how-the-doma-ruling-will-affect-gay-couples-finances/\" target=\"_blank\">How the DOMA Ruling Will Affect Gay Couples' Finances\u003c/a> (TIME)\u003c/aside>\n\u003cp>One big impact will be felt in immigration. For years, DOMA, which strictly defines marriage as between a man and a woman, has barred gay Americans from sponsoring their foreign-born partners for spousal visas. Now the high court ruling clears a path for the Obama administration to consider granting green cards to thousands of bi-national gay couples.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For San Jose couple Judy Rickard and her wife, Karin Bogliolo, they won't have to live under the threat of deportation. Bogliolo says she's been unable to visit her family in the United Kingdom for three years.\u003c/p>\n\u003cp>\"My son called from Scotland and said, 'The spare room's ready for you, you and Judy hurry on up over there.' And these are all the things that I can now seriously think about,\" Bogliolo.\u003c/p>\n\u003cp>Immigration attorneys say a number of open questions remain about how the Obama administration will process green-card petitions. Some of the usual means of evaluating legitimate marriages have been unavailable to same-sex couples, like joint tax returns.\u003c/p>\n\u003cp>But Bolgiolo is optimistic. For the first time, she says, she's starting to believe in the U.S. government.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://www.nytimes.com/video/2013/06/26/us/100000002303232/defense-of-marriage-act-overturned.html\" target=\"_blank\">NY Times video\u003c/a>: Where same-sex couples live or even where they were married will determine whether they will now receive federal benefits\u003c/em> ...\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://graphics8.nytimes.com/bcvideo/1.0/iframe/embed.html?videoId=100000002303232&playerType=embed\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" width=\"480\" height=\"373\">\u003c/iframe>\u003c/div>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372369874,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":436},"headData":{"title":"California Same-Sex Couples Look Forward to Federal Benefits | KQED","description":"In 2011, more than 28,000 California same-sex couples reported being married, according to the U.S. Census Bureau. That includes the 18,000 couples estimated to have been married in the brief time that same-sex marriage was legal in the state. Proposition 8 put an end to that, but now that Wednesday's U.S. Supreme Court decision has","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Same-Sex Couples Look Forward to Federal Benefits","datePublished":"2013-06-27T19:12:01.000Z","dateModified":"2013-06-27T21:51:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101652 http://ww2.kqed.org/news/?p=101652","disqusUrl":"https://ww2.kqed.org/news/2013/06/27/california-married-couples-look-forward-to-federal-benefits/","disqusTitle":"California Same-Sex Couples Look Forward to Federal Benefits","customPermalink":"2013/06/27/california_same_sex_benefits_doma/","path":"/news/101652/california-married-couples-look-forward-to-federal-benefits","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101674\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/couples.jpg.jpg\">\u003cimg class=\"size-medium wp-image-101674 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/couples.jpg-300x200.jpg\" alt=\"Jenni Chang and Lisa Dazols, from San Francisco, outside City Hall.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jenni Chang and Lisa Dazols, from San Francisco, outside City Hall. (Photo: Deb Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>In 2011, more than 28,000 California same-sex couples reported being married, according to the U.S. Census Bureau. That includes the 18,000 couples estimated to have been married in the brief time that same-sex marriage was legal in the state. Proposition 8 put an end to that, but now that Wednesday's U.S. Supreme Court decision has effectively invalidated Prop. 8, many more same-sex marriages are sure to follow.\u003c/p>\n\u003cp>And another decision by the high court yesterday striking down a key provision of the Defense of Marriage Act could greatly benefit those couples financially. They can now look forward to more than 1,000 federal benefits enjoyed by their opposite-sex counterparts: tax breaks, pensions and immigration rights that are tied to marriage status.\u003c/p>\n\u003cp>State Assemblywoman Toni Atkins married her partner during that brief window when same-sex marriages were legal. Yesterday Atkins said she's looking forward to the ability to file a joint federal tax return.\u003c/p>\n\u003cp>\"I can stop checking on my state tax forms ‘married.’ And feeling like I’m lying to the federal government when I check ‘single.’ \u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://business.time.com/2013/06/27/how-the-doma-ruling-will-affect-gay-couples-finances/\" target=\"_blank\">How the DOMA Ruling Will Affect Gay Couples' Finances\u003c/a> (TIME)\u003c/aside>\n\u003cp>One big impact will be felt in immigration. For years, DOMA, which strictly defines marriage as between a man and a woman, has barred gay Americans from sponsoring their foreign-born partners for spousal visas. Now the high court ruling clears a path for the Obama administration to consider granting green cards to thousands of bi-national gay couples.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For San Jose couple Judy Rickard and her wife, Karin Bogliolo, they won't have to live under the threat of deportation. Bogliolo says she's been unable to visit her family in the United Kingdom for three years.\u003c/p>\n\u003cp>\"My son called from Scotland and said, 'The spare room's ready for you, you and Judy hurry on up over there.' And these are all the things that I can now seriously think about,\" Bogliolo.\u003c/p>\n\u003cp>Immigration attorneys say a number of open questions remain about how the Obama administration will process green-card petitions. Some of the usual means of evaluating legitimate marriages have been unavailable to same-sex couples, like joint tax returns.\u003c/p>\n\u003cp>But Bolgiolo is optimistic. For the first time, she says, she's starting to believe in the U.S. government.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://www.nytimes.com/video/2013/06/26/us/100000002303232/defense-of-marriage-act-overturned.html\" target=\"_blank\">NY Times video\u003c/a>: Where same-sex couples live or even where they were married will determine whether they will now receive federal benefits\u003c/em> ...\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe src=\"http://graphics8.nytimes.com/bcvideo/1.0/iframe/embed.html?videoId=100000002303232&playerType=embed\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" width=\"480\" height=\"373\">\u003c/iframe>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101652/california-married-couples-look-forward-to-federal-benefits","authors":["243"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3672","news_82"],"label":"news_6944"},"news_101473":{"type":"posts","id":"news_101473","meta":{"index":"posts_1591205157","site":"news","id":"101473","score":null,"sort":[1372346158000]},"guestAuthors":[],"slug":"ten-stories-you-missed-during-the-prop-8-news","title":"10 Stories You Missed During the Prop. 8 News","publishDate":1372346158,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>With the U.S. Supreme Court announcing Tuesday morning that it would release all final decisions for the session on Wednesday at 10 a.m. ET/7 a.m. PT, news organizations were lined up to cover the groundbreaking news. But with all the focus on \u003ca title=\"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California\" href=\"http://ww2.kqed.org/news/2013/06/26/cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-ca/\" target=\"_blank\">reactions to the decisions\u003c/a> and \u003ca title=\"Prop 8 Ruling Paves Way for Same-Sex Marriage in Calif.; DOMA Ruling Gives Gay Couples Federal Benefits\" href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">analysis of the legal issues\u003c/a> around \u003ca title=\"Full Text Supreme Court Proposition 8 Decision\" href=\"http://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-proposition-8-decision/\" target=\"_blank\">Proposition 8\u003c/a> and \u003ca title=\"Full Text Supreme Court DOMA Decision\" href=\"http://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-doma-decision/\" target=\"_blank\">DOMA\u003c/a>, there was plenty of news that got overlooked yesterday. These are some of the top stories that were missed during the same-sex marriage news blitz.\u003c/p>\n\u003cfigure id=\"attachment_101600\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/ten-stories-you-missed-yesterday/castro/\" rel=\"attachment wp-att-101600\">\u003cimg class=\"size-medium wp-image-101600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/castro-300x199.jpg\" alt=\"Prop. 8 news captured the world's attention yesterday. Crowds filled the streets in the Castro Wednesday night. (Chris Radcliff, 47, right, embraces Paul Catasus, 49 among the thousands of people that gathered in the Castro district of San Francisco to celebrate the Supreme Court's rulings on Prop 8 and DOMA. Radcliff and Catasus are both from San Francisco and plan to get married as soon as it's legal. "We never even thought about actually getting married because it wasn't even an option until about a month ago," Radcliff said. (Darlene Bouchard/KQED)\" width=\"300\" height=\"199\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop. 8 news captured the world's attention yesterday. Crowds filled the streets in the Castro Wednesday night. (Darlene Bouchard/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>1. \u003cstrong>New England Patriots tight end Aaron Hernandez was released from the team, arrested and charged with murder.\u003c/strong> In a classic case of burying the story when everyone was looking elsewhere, the Patriots announced early Wednesday morning that they were releasing Hernandez from his contract. \u003ca href=\"http://bigstory.ap.org/article/pats-player-hernandez-taken-home-handcuffs\" target=\"_blank\">The Associated Press\u003c/a> then reported that the football player was arrested and later charged with the murder of semi-pro player Odin Lloyd. Lloyd's body was found a week ago in an industrial park a mile from Hernandez's home. He had been shot multiple times.\u003c/p>\n\u003cp>2. \u003cstrong>BART workers prepared to go on strike. \u003c/strong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/bart-strike\" target=\"_blank\">KQED reported\u003c/a> that the two biggest unions representing BART employees announced Wednesday, after a Tuesday night vote, that they had authorized a strike. If contract negotiations continue to stall, the system -- which carries an average of 400,000 passengers a day -- could shut down Monday. The Metropolitan Transportation Commission also approved $20 million in emergency funding Wednesday morning. But, officials warned, the alternative transportation options are ill-prepared to deal with that high an excess of commuters.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>3. \u003cstrong>Abortion bill, SB 5, was first passed and then defeated after 13-hour filibuster.\u003c/strong> At 11:15 a.m. Tuesday morning, Texas state Sen. Wendy Davis began a filibuster of a bill that would have drastically limited abortions in the state. She planned to filibuster for 13 hours until the constitutional deadline of midnight passed and a vote could not be taken, but was stymied around 10:30 p.m. over points of procedure. At one point Tuesday night, the live stream of the increasingly technical debate, \u003ca href=\"http://www.texastribune.org/2013/06/26/led-davis-democrats-defeat-abortion-legislation/\" target=\"_blank\">hosted by the Texas Tribune\u003c/a>, garnered more than 160,000 viewers from around the country. The session descended into chaos, though, as spectators began screaming to prevent a vote on the bill. The vote was held anyway and it wasn't until Wednesday morning that it became clear that the vote had been held after the midnight deadline, negating the passage of the bill.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>4. \u003cstrong>The g\u003c/strong>\u003cstrong>eneral counsel of the CPUC recused himself from investigations into the PG&E pipeline explosion in San Bruno.\u003c/strong> Earlier this month, the lawyers heading up the California Public Utilities Commission's investigation into the San Bruno explosion and fire were reassigned from the case after two years of work. \u003ca href=\"http://ww2.kqed.org/news/2013/06/05/city/\" target=\"_blank\">KQED reported\u003c/a> that there were disagreements at the CPUC over how much PG&E should be fined. General Counsel Frank Lindh ordered those reassignments. Yesterday, lost amid the news blitz, Lindh announced he was recusing himself from the investigation and Assistant General Counsel Arocles Aguilar will take over that role. Lindh previously worked for PG&E from 1996 to 1998.\u003c/p>\n\u003cp>5. \u003cstrong>The San Francisco Examiner announced it is suing the \u003c/strong>\u003cstrong>San Francisco Chronicle.\u003c/strong> \u003ca href=\"http://sfppc.blogspot.com/2013/06/examiner-sues-chron-alleging-anti.html\" target=\"_blank\">The San Francisco Peninsula Press Club reported \u003c/a>that The Examiner has filed a suit alleging The Chronicle cut ad prices and even threw in $200,000 worth of free advertising in an attempt to undercut The Examiner. The same law was previously used by the San Francisco Bay Guardian to win a $21 million settlement against SF Weekly.\u003c/p>\n\u003cp>6. \u003cstrong>Texas executed its 500th person since reinstating the death penalty 30 years ago.\u003c/strong> The state rejected a last-minute appeal Tuesday and Kimberly McCarthy, convicted for the 1997 killing of neighbor Dorothy Booth, became the 500th person Texas has executed since 1982, \u003ca href=\"http://www.dallasnews.com/news/state/headlines/20130625-lancaster-woman-to-become-texas-500th-modern-execution.ece\" target=\"_blank\">according to The Dallas News.\u003c/a>\u003c/p>\n\u003cblockquote>\u003cp>If the state carries out all the executions scheduled for this year, Texas will equal the 506 executions it held between 1923 and 1972, the year the U.S. Supreme Court halted capital punishment, declaring that it was being carried out in a cruel and unusual manner and therefore was unconstitutional.\u003c/p>\n\u003cp>Several states — including Texas in 1974 — changed their laws to again allow death sentences, but the first modern execution in the state wasn’t until 1982.\u003c/p>\u003c/blockquote>\n\u003cp>7. \u003cstrong>Nelson Mandela is in critical condition.\u003c/strong> The 94-year-old South African leader was announced to be in critical condition Wednesday after being admitted to the hospital in Pretoria on June 8. Though Mandela served only a single term as president of the country, he was known around the world for helping to bring about the end of the apartheid regime. \u003ca href=\"http://bigstory.ap.org/article/south-africa-mandela-remains-hospital-0\" target=\"_blank\">The Associated Press \u003c/a>quoted current South African President Jacob Zuma Wednesday evening: \"As he remains in a critical condition in hospital, we must keep him and the family in our thoughts and prayers every minute.\"\u003c/p>\n\u003cp>8. \u003cstrong>Kaiser was fined $4 million\u003c/strong>. State officials announced Tuesday that Kaiser Permanente would be fined $4 million for deficiencies in patient access to mental health services. According to \u003ca href=\"http://www.latimes.com/business/money/la-fi-mo-kaiser-health-california-fine-20130625,0,6401785.story\" target=\"_blank\">The Los Angeles Times\u003c/a>, Kaiser responded by saying that the problems the state raised had already been addressed.\u003c/p>\n\u003cblockquote>\u003cp>In light of that, the company said the \"amount of the proposed penalty is unwarranted and excessive.\"\u003c/p>\n\u003cp>Agency officials said they would conduct a follow-up survey in October to ensure Kaiser has corrected the deficiencies and is complying with the law.\u003c/p>\u003c/blockquote>\n\u003cp>9. \u003cstrong>The FTC told Google and two dozen other search engines that they must clearly label advertisements.\u003c/strong> The Federal Trade Commission issued a letter to Google, Bing, Yahoo and a number of other search engines on Tuesday -- publicized on Wednesday and largely ignored -- that they must clearly denote what in the search results is an ad and what isn't. The FTC noted that there had been a decline in compliance with those standards. \u003ca href=\"http://www.marketplace.org/topics/tech/ftc-tells-search-engines-clearly-label-advertisements\" target=\"_blank\">Listen to the Marketplace report\u003c/a>.\u003c/p>\n\u003cp>10. \u003cstrong>A conversation with Bryan Stow's sister.\u003c/strong> After the injured baseball fan returned home, \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/bryan-stow/\" target=\"_blank\">KQED's Jon Brooks spoke with Stow's sister\u003c/a> about his progress, why the insurance company stopped paying for his live-in facility, and what they can expect now.\u003c/p>\n\u003cblockquote>\u003cp>Stow, 43, has made remarkable progress since he emerged from a coma two years ago. But two weeks ago, in an update on its \u003ca href=\"http://support4bryanstow.com/\" target=\"_blank\">Support4BryanStow\u003c/a> website, his family said that he had been forced to return home from the live-in facility where he had been rehabbing because Stow's insurance company would no longer pay for that level of care. The family said Stow's condition has declined somewhat since then.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>And one extra bonus story: \u003cstrong>A two-headed turtle was born in San Antonio\u003c/strong>. In the last piece of news out of Texas, a two-headed turtle, named Thelma and Louise, was born at the San Antonio Zoo. \u003ca href=\"http://bigstory.ap.org/article/two-headed-turtle-hatches-san-antonio-zoo\" target=\"_blank\">The Associated Press reported\u003c/a> the turtle is healthy and cute. (Photo at link.)\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372348990,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":1220},"headData":{"title":"10 Stories You Missed During the Prop. 8 News | KQED","description":"With the U.S. Supreme Court announcing Tuesday morning that it would release all final decisions for the session on Wednesday at 10 a.m. ET/7 a.m. PT, news organizations were lined up to cover the groundbreaking news. But with all the focus on reactions to the decisions and analysis of the legal issues around Proposition 8","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"10 Stories You Missed During the Prop. 8 News","datePublished":"2013-06-27T15:15:58.000Z","dateModified":"2013-06-27T16:03:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101473 http://ww2.kqed.org/news/?p=101473","disqusUrl":"https://ww2.kqed.org/news/2013/06/27/ten-stories-you-missed-during-the-prop-8-news/","disqusTitle":"10 Stories You Missed During the Prop. 8 News","customPermalink":"2013/06/26/ten-stories-you-missed-yesterday/","path":"/news/101473/ten-stories-you-missed-during-the-prop-8-news","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With the U.S. Supreme Court announcing Tuesday morning that it would release all final decisions for the session on Wednesday at 10 a.m. ET/7 a.m. PT, news organizations were lined up to cover the groundbreaking news. But with all the focus on \u003ca title=\"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California\" href=\"http://ww2.kqed.org/news/2013/06/26/cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-ca/\" target=\"_blank\">reactions to the decisions\u003c/a> and \u003ca title=\"Prop 8 Ruling Paves Way for Same-Sex Marriage in Calif.; DOMA Ruling Gives Gay Couples Federal Benefits\" href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">analysis of the legal issues\u003c/a> around \u003ca title=\"Full Text Supreme Court Proposition 8 Decision\" href=\"http://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-proposition-8-decision/\" target=\"_blank\">Proposition 8\u003c/a> and \u003ca title=\"Full Text Supreme Court DOMA Decision\" href=\"http://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-doma-decision/\" target=\"_blank\">DOMA\u003c/a>, there was plenty of news that got overlooked yesterday. These are some of the top stories that were missed during the same-sex marriage news blitz.\u003c/p>\n\u003cfigure id=\"attachment_101600\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/ten-stories-you-missed-yesterday/castro/\" rel=\"attachment wp-att-101600\">\u003cimg class=\"size-medium wp-image-101600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/castro-300x199.jpg\" alt=\"Prop. 8 news captured the world's attention yesterday. Crowds filled the streets in the Castro Wednesday night. (Chris Radcliff, 47, right, embraces Paul Catasus, 49 among the thousands of people that gathered in the Castro district of San Francisco to celebrate the Supreme Court's rulings on Prop 8 and DOMA. Radcliff and Catasus are both from San Francisco and plan to get married as soon as it's legal. "We never even thought about actually getting married because it wasn't even an option until about a month ago," Radcliff said. (Darlene Bouchard/KQED)\" width=\"300\" height=\"199\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop. 8 news captured the world's attention yesterday. Crowds filled the streets in the Castro Wednesday night. (Darlene Bouchard/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>1. \u003cstrong>New England Patriots tight end Aaron Hernandez was released from the team, arrested and charged with murder.\u003c/strong> In a classic case of burying the story when everyone was looking elsewhere, the Patriots announced early Wednesday morning that they were releasing Hernandez from his contract. \u003ca href=\"http://bigstory.ap.org/article/pats-player-hernandez-taken-home-handcuffs\" target=\"_blank\">The Associated Press\u003c/a> then reported that the football player was arrested and later charged with the murder of semi-pro player Odin Lloyd. Lloyd's body was found a week ago in an industrial park a mile from Hernandez's home. He had been shot multiple times.\u003c/p>\n\u003cp>2. \u003cstrong>BART workers prepared to go on strike. \u003c/strong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/bart-strike\" target=\"_blank\">KQED reported\u003c/a> that the two biggest unions representing BART employees announced Wednesday, after a Tuesday night vote, that they had authorized a strike. If contract negotiations continue to stall, the system -- which carries an average of 400,000 passengers a day -- could shut down Monday. The Metropolitan Transportation Commission also approved $20 million in emergency funding Wednesday morning. But, officials warned, the alternative transportation options are ill-prepared to deal with that high an excess of commuters.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>3. \u003cstrong>Abortion bill, SB 5, was first passed and then defeated after 13-hour filibuster.\u003c/strong> At 11:15 a.m. Tuesday morning, Texas state Sen. Wendy Davis began a filibuster of a bill that would have drastically limited abortions in the state. She planned to filibuster for 13 hours until the constitutional deadline of midnight passed and a vote could not be taken, but was stymied around 10:30 p.m. over points of procedure. At one point Tuesday night, the live stream of the increasingly technical debate, \u003ca href=\"http://www.texastribune.org/2013/06/26/led-davis-democrats-defeat-abortion-legislation/\" target=\"_blank\">hosted by the Texas Tribune\u003c/a>, garnered more than 160,000 viewers from around the country. The session descended into chaos, though, as spectators began screaming to prevent a vote on the bill. The vote was held anyway and it wasn't until Wednesday morning that it became clear that the vote had been held after the midnight deadline, negating the passage of the bill.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>4. \u003cstrong>The g\u003c/strong>\u003cstrong>eneral counsel of the CPUC recused himself from investigations into the PG&E pipeline explosion in San Bruno.\u003c/strong> Earlier this month, the lawyers heading up the California Public Utilities Commission's investigation into the San Bruno explosion and fire were reassigned from the case after two years of work. \u003ca href=\"http://ww2.kqed.org/news/2013/06/05/city/\" target=\"_blank\">KQED reported\u003c/a> that there were disagreements at the CPUC over how much PG&E should be fined. General Counsel Frank Lindh ordered those reassignments. Yesterday, lost amid the news blitz, Lindh announced he was recusing himself from the investigation and Assistant General Counsel Arocles Aguilar will take over that role. Lindh previously worked for PG&E from 1996 to 1998.\u003c/p>\n\u003cp>5. \u003cstrong>The San Francisco Examiner announced it is suing the \u003c/strong>\u003cstrong>San Francisco Chronicle.\u003c/strong> \u003ca href=\"http://sfppc.blogspot.com/2013/06/examiner-sues-chron-alleging-anti.html\" target=\"_blank\">The San Francisco Peninsula Press Club reported \u003c/a>that The Examiner has filed a suit alleging The Chronicle cut ad prices and even threw in $200,000 worth of free advertising in an attempt to undercut The Examiner. The same law was previously used by the San Francisco Bay Guardian to win a $21 million settlement against SF Weekly.\u003c/p>\n\u003cp>6. \u003cstrong>Texas executed its 500th person since reinstating the death penalty 30 years ago.\u003c/strong> The state rejected a last-minute appeal Tuesday and Kimberly McCarthy, convicted for the 1997 killing of neighbor Dorothy Booth, became the 500th person Texas has executed since 1982, \u003ca href=\"http://www.dallasnews.com/news/state/headlines/20130625-lancaster-woman-to-become-texas-500th-modern-execution.ece\" target=\"_blank\">according to The Dallas News.\u003c/a>\u003c/p>\n\u003cblockquote>\u003cp>If the state carries out all the executions scheduled for this year, Texas will equal the 506 executions it held between 1923 and 1972, the year the U.S. Supreme Court halted capital punishment, declaring that it was being carried out in a cruel and unusual manner and therefore was unconstitutional.\u003c/p>\n\u003cp>Several states — including Texas in 1974 — changed their laws to again allow death sentences, but the first modern execution in the state wasn’t until 1982.\u003c/p>\u003c/blockquote>\n\u003cp>7. \u003cstrong>Nelson Mandela is in critical condition.\u003c/strong> The 94-year-old South African leader was announced to be in critical condition Wednesday after being admitted to the hospital in Pretoria on June 8. Though Mandela served only a single term as president of the country, he was known around the world for helping to bring about the end of the apartheid regime. \u003ca href=\"http://bigstory.ap.org/article/south-africa-mandela-remains-hospital-0\" target=\"_blank\">The Associated Press \u003c/a>quoted current South African President Jacob Zuma Wednesday evening: \"As he remains in a critical condition in hospital, we must keep him and the family in our thoughts and prayers every minute.\"\u003c/p>\n\u003cp>8. \u003cstrong>Kaiser was fined $4 million\u003c/strong>. State officials announced Tuesday that Kaiser Permanente would be fined $4 million for deficiencies in patient access to mental health services. According to \u003ca href=\"http://www.latimes.com/business/money/la-fi-mo-kaiser-health-california-fine-20130625,0,6401785.story\" target=\"_blank\">The Los Angeles Times\u003c/a>, Kaiser responded by saying that the problems the state raised had already been addressed.\u003c/p>\n\u003cblockquote>\u003cp>In light of that, the company said the \"amount of the proposed penalty is unwarranted and excessive.\"\u003c/p>\n\u003cp>Agency officials said they would conduct a follow-up survey in October to ensure Kaiser has corrected the deficiencies and is complying with the law.\u003c/p>\u003c/blockquote>\n\u003cp>9. \u003cstrong>The FTC told Google and two dozen other search engines that they must clearly label advertisements.\u003c/strong> The Federal Trade Commission issued a letter to Google, Bing, Yahoo and a number of other search engines on Tuesday -- publicized on Wednesday and largely ignored -- that they must clearly denote what in the search results is an ad and what isn't. The FTC noted that there had been a decline in compliance with those standards. \u003ca href=\"http://www.marketplace.org/topics/tech/ftc-tells-search-engines-clearly-label-advertisements\" target=\"_blank\">Listen to the Marketplace report\u003c/a>.\u003c/p>\n\u003cp>10. \u003cstrong>A conversation with Bryan Stow's sister.\u003c/strong> After the injured baseball fan returned home, \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/bryan-stow/\" target=\"_blank\">KQED's Jon Brooks spoke with Stow's sister\u003c/a> about his progress, why the insurance company stopped paying for his live-in facility, and what they can expect now.\u003c/p>\n\u003cblockquote>\u003cp>Stow, 43, has made remarkable progress since he emerged from a coma two years ago. But two weeks ago, in an update on its \u003ca href=\"http://support4bryanstow.com/\" target=\"_blank\">Support4BryanStow\u003c/a> website, his family said that he had been forced to return home from the live-in facility where he had been rehabbing because Stow's insurance company would no longer pay for that level of care. The family said Stow's condition has declined somewhat since then.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And one extra bonus story: \u003cstrong>A two-headed turtle was born in San Antonio\u003c/strong>. In the last piece of news out of Texas, a two-headed turtle, named Thelma and Louise, was born at the San Antonio Zoo. \u003ca href=\"http://bigstory.ap.org/article/two-headed-turtle-hatches-san-antonio-zoo\" target=\"_blank\">The Associated Press reported\u003c/a> the turtle is healthy and cute. (Photo at link.)\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101473/ten-stories-you-missed-during-the-prop-8-news","authors":["1459"],"programs":["news_6944"],"tags":["news_3672","news_205","news_126","news_322"],"label":"news_6944"},"news_101360":{"type":"posts","id":"news_101360","meta":{"index":"posts_1591205157","site":"news","id":"101360","score":null,"sort":[1372316347000]},"guestAuthors":[],"slug":"same-sex-marriage-in-california-decoding-the-prop-8-and-doma-rulings-and-whats-next","title":"Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next","publishDate":1372316347,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_101462\" class=\"wp-caption alignleft\" style=\"max-width: 275px\">\u003cimg class=\"size-full wp-image-101462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5312_transform.jpg\" alt=\"Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\" width=\"275\" height=\"400\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After years of waiting, we finally have two U.S. Supreme Court rulings on the legality of same-sex marriage. But neither ruling was the type of clear-cut decision that advocates on both sides of the issue were hoping for. KQED spoke to several experts about the details of the cases and how this could all play out.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court focused on the issue of standing in their ruling today on Prop. 8. In 2010, then-Gov. Arnold Schwarzenegger, state Attorney General Jerry Brown and Lt. Gov. Abel Maldonado refused to defend Prop. 8, leaving Imperial County as the only government entity willing to defend the proposition. But in 2011, the California Supreme Court ruled that Prop. 8 proponents had standing to defend the measure, which allowed them to appeal to the 9th U.S. Circuit Court of Appeals. Now the U.S. Supreme Court has ruled that Prop. 8 supporters did\u003cem> not\u003c/em> have standing to appeal, Judge Vaughn Walker's decision that Prop. 8 is unconstitutional currently stands.\u003c/p>\n\u003cp>So what's standing?\u003c/p>\n\u003cp>UC Davis law professor Vik Amar explains:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Standing means that you're a party that belongs in court, and that we can trust that you'll represent the interests of one position in a way that allows the court to reach the merits. For example, if I voted against Prop. 8, and I thought it was a bad deal, I couldn't sue to challenge Prop. 8, even if it offended me, unless I'm a same-sex person, which I'm not. Standing makes sure we have the right parties in the case so that the courts aren't shooting their mouths off and making new rulings just in abstract context.\u003c/p>\n\u003cp>\"Usually we focus on whether the plaintiffs have standing. This was an unusual case because we were focusing on whether the defendants -- the proponents of Prop. 8 -- had standing, and the real question is whether the proponents are adequate representatives of the voters of the state of California. And the Supreme Court said that they are not. The Supreme Court said that they are private persons. They are not the same as public state officials.\u003c/p>\n\u003cp>\"If the Brown administration had appealed Judge Walker's decision to the 9th Circuit but said, 'By the way, we agree with the plaintiff, the challengers,' then the Supreme Court might have had a much harder time getting rid of this case. It might have had to reach the merits as it did in the Defense of Marriage Act case.\"\u003c/p>\n\u003cp>\u003cstrong>When can same-sex marriages resume?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court gave the 9th Circuit Court 25 days before the appeals court has to lift the stay, or hold, on Walker's ruling. This period comes directly from Supreme Court rules -- whenever the high court makes a ruling, the loser has 25 days to file for a rehearing before anything can happen.\u003c/p>\n\u003cp>California also has to decide how they are going to interpret the ruling. Gov. Jerry Brown ordered the Department of Public Health - which oversees marriage licenses, birth and death certificates, and other such documents - to advise the 58 counties of California to commence same-sex marriages as soon as the stay is lifted. Each county has to decide how they will prepare.\u003c/p>\n\u003cp>Attorney General Kamala Harris in a speech asked the court to lift the stay quickly: \"I am also calling on the 9th Circuit today to urge them in the strongest terms that they lift the stay and enforce the permanent injunction that Vaughn Walker outlined so that marriages can begin in California immediately.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Will the legal struggle continue in California?\u003c/strong>\u003c/p>\n\u003cp>It's unclear whether the lawsuits will continue. Someone with standing would need to challenge Walker's ruling.\u003c/p>\n\u003cp>Amar believes that only a county clerk could do so: \"The only scenario I envision is if a county clerk who feels that he should not be bound by Judge Walker's order, and that he is not controllable by the governor, from some conservative county wants to refuse to issue marriage licenses and goes to court and says he shouldn't be governed by any of this because he never had his day in court, he wasn't in San Francisco defending Prop 8. That's the only kind of individual or party left I could see to stand in the way.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nJane Schacter, professor of law at Stanford Law School, agrees that a county clerk refusal could restart the process: \"What I think will happen at that point, it would not surprise me if in some more culturally conservative part of the state, a local county clerk says, 'Well, I don’t think the governor had the power to order me to do this, I don’t think I’m bound by Judge Walker’s order, and therefore I’m not going to give you a license.' At that point, a same-sex couple may go to court to try to get that license and we may be off to the races with further litigation. Now, this really is a law professor’s dream. Will that be in state court? Will that be in federal court? Will it be about the scope of Walker’s decision? Will it be about the scope of the governor’s authority to decide what to do in these circumstances? Any number of questions, but I think there is no question that a lot of same-sex couples in short order are going to start marrying again in California.\"\u003c/p>\n\u003cp>Schacter also says that, while unlikely, Walker's opinion could be open to interpretation: \"The question is does Judge Walker's opinion, which was issued not in a class action but a lawsuit involving two couples, does it bind and apply statewide to other couples who are not part of the litigation? I think the governor will aggressively take the position that the state was a party in the case, the state is not contesting the decision of Judge Walker, therefore Prop. 8 is no longer enforceable. But it wouldn't surprise me if there's further litigation in this. It might be that the proponents of Prop. 8 will try to get some clarification of what the scope is of Judge Walker's opinion, and that won't come from Judge Walker because he's retired, but it will come from a different district judge. More likely I think Gov. Brown has ordered that marriage licenses be issued immediately. Once that starts happening, and I don't see a constraint to it because there was a stay in place pending resolution of the Supreme Court's appeal, and I think in short order that will be dissolved.\"\u003c/p>\n\u003cp>John Eastman, a lawyer for the National Organization for Marriage, argues that the Supreme Court's ruling on DOMA should leave the decision up to the states: \"DOMA’s decision by the court, which specifically says that marriage policy is a core function of the states and that the federal government can’t interfere with that, strongly suggests that Judge Walker’s opinion in the Proposition 8 case, which is the last opinion standing in the Proposition 8 case right now, is invalid and has been superseded by that DOMA decision. Because what he did was strike down California’s effort that has its own merits policy, as reflected in Proposition 8. So I think we’ve got a lot of litigation still to go on whether that decision has to be overruled.\"\u003c/p>\n\u003cp>Amar says this is unlikely, though: \"A big question is whether anyone can validly raise this kind of argument in front of the 9th Circuit or the District Court. In light of today's Perry ruling, Prop. 8 proponents have no right to have the 9th Circuit take another look at what Judge Walker did, or at the scope of his remedy either. And the governor and attorney general certainly are not going to ask the 9th Circuit to do anything other than allow Judge Walker's order to go into effect. So unless the 9th Circuit decides, on its own, to re-examine Walker's ruling, or unless someone else, like a county clerk, successfully intervenes to defend Proposition 8, and both of these are unlikely. I think the same-sex marriage train will leave the station here in California pretty soon. I think, and have argued for years, that this is the right result. California will join the same-sex marriage column of states largely because of the decisions of accountable, elected officials - the governor and the attorney general - rather than because of 9th Circuit judges.\"\u003c/p>\n\u003cp>\u003cstrong>So if same-sex marriage is legal, what happens to domestic partnerships?\u003c/strong>\u003c/p>\n\u003cp>This is also unclear. David Levine, professor of law at UC Hastings College of the Law, says: \"Presumably it will effectively change over to a marriage. When we had the interim period under the California Supreme Court, in effect that was what was going to happen. So, I think probably it’ll, in effect, automatically happen. But again that’s something that we’re going to have to get some direction. The state officials in Sacramento will be issuing some directives to the appropriate county officials. So, we’ll see. But I think, as a practical matter, it will turn into a marriage.\"\u003c/p>\n\u003cp>\u003cstrong>What about federal areas, like immigration and taxes?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court's ruling on the Defense of Marriage Act covers changes to federal issues, such as immigration and taxes.\u003c/p>\n\u003cp>The Supreme Court found that a portion of DOMA is unconstitutional because it violates equality principles by treating same-sex and heterosexual couples differently, even when states recognize same-sex couples and heterosexual couples the same, according to Amar.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While the Supreme Court can direct, it cannot legislate. Our experts agreed that the details will probably have to be handled by the Obama administration. Schacter says: \"If section 3, as I believe, of DOMA is now unconstitutional in any respect, then there won’t be any reason for the Obama administration – which I think is inclined to recognize same-sex marriages – not to do that in the context of immigration and beyond. So, they’re going to have to go agency by agency and issue some regulations and public directives explaining how same-sex couples can achieve recognition from the federal government in these different areas.\"\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1398733208,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1771},"headData":{"title":"Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next | KQED","description":"After years of waiting, we finally have two U.S. Supreme Court rulings on the legality of same-sex marriage. But neither ruling was the type of clear-cut decision that advocates on both sides of the issue were hoping for. KQED spoke to several experts about the details of the cases and how this could all play","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next","datePublished":"2013-06-27T06:59:07.000Z","dateModified":"2014-04-29T01:00:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101360 http://ww2.kqed.org/news/?p=101360","disqusUrl":"https://ww2.kqed.org/news/2013/06/26/same-sex-marriage-in-california-decoding-the-prop-8-and-doma-rulings-and-whats-next/","disqusTitle":"Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next","customPermalink":"2013/06/26/what-the-doma-and-prop-8-rulings-mean-and-what-we-still-need-to-know/","path":"/news/101360/same-sex-marriage-in-california-decoding-the-prop-8-and-doma-rulings-and-whats-next","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101462\" class=\"wp-caption alignleft\" style=\"max-width: 275px\">\u003cimg class=\"size-full wp-image-101462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5312_transform.jpg\" alt=\"Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\" width=\"275\" height=\"400\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After years of waiting, we finally have two U.S. Supreme Court rulings on the legality of same-sex marriage. But neither ruling was the type of clear-cut decision that advocates on both sides of the issue were hoping for. KQED spoke to several experts about the details of the cases and how this could all play out.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court focused on the issue of standing in their ruling today on Prop. 8. In 2010, then-Gov. Arnold Schwarzenegger, state Attorney General Jerry Brown and Lt. Gov. Abel Maldonado refused to defend Prop. 8, leaving Imperial County as the only government entity willing to defend the proposition. But in 2011, the California Supreme Court ruled that Prop. 8 proponents had standing to defend the measure, which allowed them to appeal to the 9th U.S. Circuit Court of Appeals. Now the U.S. Supreme Court has ruled that Prop. 8 supporters did\u003cem> not\u003c/em> have standing to appeal, Judge Vaughn Walker's decision that Prop. 8 is unconstitutional currently stands.\u003c/p>\n\u003cp>So what's standing?\u003c/p>\n\u003cp>UC Davis law professor Vik Amar explains:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Standing means that you're a party that belongs in court, and that we can trust that you'll represent the interests of one position in a way that allows the court to reach the merits. For example, if I voted against Prop. 8, and I thought it was a bad deal, I couldn't sue to challenge Prop. 8, even if it offended me, unless I'm a same-sex person, which I'm not. Standing makes sure we have the right parties in the case so that the courts aren't shooting their mouths off and making new rulings just in abstract context.\u003c/p>\n\u003cp>\"Usually we focus on whether the plaintiffs have standing. This was an unusual case because we were focusing on whether the defendants -- the proponents of Prop. 8 -- had standing, and the real question is whether the proponents are adequate representatives of the voters of the state of California. And the Supreme Court said that they are not. The Supreme Court said that they are private persons. They are not the same as public state officials.\u003c/p>\n\u003cp>\"If the Brown administration had appealed Judge Walker's decision to the 9th Circuit but said, 'By the way, we agree with the plaintiff, the challengers,' then the Supreme Court might have had a much harder time getting rid of this case. It might have had to reach the merits as it did in the Defense of Marriage Act case.\"\u003c/p>\n\u003cp>\u003cstrong>When can same-sex marriages resume?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court gave the 9th Circuit Court 25 days before the appeals court has to lift the stay, or hold, on Walker's ruling. This period comes directly from Supreme Court rules -- whenever the high court makes a ruling, the loser has 25 days to file for a rehearing before anything can happen.\u003c/p>\n\u003cp>California also has to decide how they are going to interpret the ruling. Gov. Jerry Brown ordered the Department of Public Health - which oversees marriage licenses, birth and death certificates, and other such documents - to advise the 58 counties of California to commence same-sex marriages as soon as the stay is lifted. Each county has to decide how they will prepare.\u003c/p>\n\u003cp>Attorney General Kamala Harris in a speech asked the court to lift the stay quickly: \"I am also calling on the 9th Circuit today to urge them in the strongest terms that they lift the stay and enforce the permanent injunction that Vaughn Walker outlined so that marriages can begin in California immediately.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Will the legal struggle continue in California?\u003c/strong>\u003c/p>\n\u003cp>It's unclear whether the lawsuits will continue. Someone with standing would need to challenge Walker's ruling.\u003c/p>\n\u003cp>Amar believes that only a county clerk could do so: \"The only scenario I envision is if a county clerk who feels that he should not be bound by Judge Walker's order, and that he is not controllable by the governor, from some conservative county wants to refuse to issue marriage licenses and goes to court and says he shouldn't be governed by any of this because he never had his day in court, he wasn't in San Francisco defending Prop 8. That's the only kind of individual or party left I could see to stand in the way.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nJane Schacter, professor of law at Stanford Law School, agrees that a county clerk refusal could restart the process: \"What I think will happen at that point, it would not surprise me if in some more culturally conservative part of the state, a local county clerk says, 'Well, I don’t think the governor had the power to order me to do this, I don’t think I’m bound by Judge Walker’s order, and therefore I’m not going to give you a license.' At that point, a same-sex couple may go to court to try to get that license and we may be off to the races with further litigation. Now, this really is a law professor’s dream. Will that be in state court? Will that be in federal court? Will it be about the scope of Walker’s decision? Will it be about the scope of the governor’s authority to decide what to do in these circumstances? Any number of questions, but I think there is no question that a lot of same-sex couples in short order are going to start marrying again in California.\"\u003c/p>\n\u003cp>Schacter also says that, while unlikely, Walker's opinion could be open to interpretation: \"The question is does Judge Walker's opinion, which was issued not in a class action but a lawsuit involving two couples, does it bind and apply statewide to other couples who are not part of the litigation? I think the governor will aggressively take the position that the state was a party in the case, the state is not contesting the decision of Judge Walker, therefore Prop. 8 is no longer enforceable. But it wouldn't surprise me if there's further litigation in this. It might be that the proponents of Prop. 8 will try to get some clarification of what the scope is of Judge Walker's opinion, and that won't come from Judge Walker because he's retired, but it will come from a different district judge. More likely I think Gov. Brown has ordered that marriage licenses be issued immediately. Once that starts happening, and I don't see a constraint to it because there was a stay in place pending resolution of the Supreme Court's appeal, and I think in short order that will be dissolved.\"\u003c/p>\n\u003cp>John Eastman, a lawyer for the National Organization for Marriage, argues that the Supreme Court's ruling on DOMA should leave the decision up to the states: \"DOMA’s decision by the court, which specifically says that marriage policy is a core function of the states and that the federal government can’t interfere with that, strongly suggests that Judge Walker’s opinion in the Proposition 8 case, which is the last opinion standing in the Proposition 8 case right now, is invalid and has been superseded by that DOMA decision. Because what he did was strike down California’s effort that has its own merits policy, as reflected in Proposition 8. So I think we’ve got a lot of litigation still to go on whether that decision has to be overruled.\"\u003c/p>\n\u003cp>Amar says this is unlikely, though: \"A big question is whether anyone can validly raise this kind of argument in front of the 9th Circuit or the District Court. In light of today's Perry ruling, Prop. 8 proponents have no right to have the 9th Circuit take another look at what Judge Walker did, or at the scope of his remedy either. And the governor and attorney general certainly are not going to ask the 9th Circuit to do anything other than allow Judge Walker's order to go into effect. So unless the 9th Circuit decides, on its own, to re-examine Walker's ruling, or unless someone else, like a county clerk, successfully intervenes to defend Proposition 8, and both of these are unlikely. I think the same-sex marriage train will leave the station here in California pretty soon. I think, and have argued for years, that this is the right result. California will join the same-sex marriage column of states largely because of the decisions of accountable, elected officials - the governor and the attorney general - rather than because of 9th Circuit judges.\"\u003c/p>\n\u003cp>\u003cstrong>So if same-sex marriage is legal, what happens to domestic partnerships?\u003c/strong>\u003c/p>\n\u003cp>This is also unclear. David Levine, professor of law at UC Hastings College of the Law, says: \"Presumably it will effectively change over to a marriage. When we had the interim period under the California Supreme Court, in effect that was what was going to happen. So, I think probably it’ll, in effect, automatically happen. But again that’s something that we’re going to have to get some direction. The state officials in Sacramento will be issuing some directives to the appropriate county officials. So, we’ll see. But I think, as a practical matter, it will turn into a marriage.\"\u003c/p>\n\u003cp>\u003cstrong>What about federal areas, like immigration and taxes?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court's ruling on the Defense of Marriage Act covers changes to federal issues, such as immigration and taxes.\u003c/p>\n\u003cp>The Supreme Court found that a portion of DOMA is unconstitutional because it violates equality principles by treating same-sex and heterosexual couples differently, even when states recognize same-sex couples and heterosexual couples the same, according to Amar.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While the Supreme Court can direct, it cannot legislate. Our experts agreed that the details will probably have to be handled by the Obama administration. Schacter says: \"If section 3, as I believe, of DOMA is now unconstitutional in any respect, then there won’t be any reason for the Obama administration – which I think is inclined to recognize same-sex marriages – not to do that in the context of immigration and beyond. So, they’re going to have to go agency by agency and issue some regulations and public directives explaining how same-sex couples can achieve recognition from the federal government in these different areas.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101360/same-sex-marriage-in-california-decoding-the-prop-8-and-doma-rulings-and-whats-next","authors":["199"],"programs":["news_6944"],"categories":["news_1169","news_6188"],"tags":["news_548","news_3672","news_152","news_740","news_82","news_126","news_95","news_322","news_38"],"label":"news_6944"},"news_101574":{"type":"posts","id":"news_101574","meta":{"index":"posts_1591205157","site":"news","id":"101574","score":null,"sort":[1372304677000]},"guestAuthors":[],"slug":"scalia-in-doma-dissent-majority-supports-same-sex-marriage-as-a-constitutional-right","title":"Scalia in DOMA Dissent: Majority Supports Same-Sex Marriage as a Constitutional Right","publishDate":1372304677,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_101577\" class=\"wp-caption aligncenter\" style=\"max-width: 540px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/cal/sf-city-hall/\" rel=\"attachment wp-att-101577\">\u003cimg class=\"size-full wp-image-101577 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/SF-City-Hall.jpg\" alt=\"San Francisco City Hall(KQED/Deborah Svoboda)\" width=\"540\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall\u003cbr>(KQED/Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>In Justice Antonin Scalia’s \u003ca href=\"http://news.yahoo.com/scalia-high-handed-kennedy-demeans-institution-101636785.html\">blistering dissent\u003c/a> on the DOMA ruling, he states that majority of justices is now willing to declare same-sex marriage a constitutional right:\u003c/p>\n\u003cp>“It takes real cheek for today's majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority's moral judgment in favor of same-sex marriage is to the Congress's hateful moral judgment against it. I promise you this: The only thing that will ‘confine’ the Court's holding is its sense of what it can get away with.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372304677,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":4,"wordCount":135},"headData":{"title":"Scalia in DOMA Dissent: Majority Supports Same-Sex Marriage as a Constitutional Right | KQED","description":"In Justice Antonin Scalia’s blistering dissent on the DOMA ruling, he states that majority of justices is now willing to declare same-sex marriage a constitutional right: “It takes real cheek for today's majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Scalia in DOMA Dissent: Majority Supports Same-Sex Marriage as a Constitutional Right","datePublished":"2013-06-27T03:44:37.000Z","dateModified":"2013-06-27T03:44:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101574 http://ww2.kqed.org/news/?p=101574","disqusUrl":"https://ww2.kqed.org/news/2013/06/26/scalia-in-doma-dissent-majority-supports-same-sex-marriage-as-a-constitutional-right/","disqusTitle":"Scalia in DOMA Dissent: Majority Supports Same-Sex Marriage as a Constitutional Right","customPermalink":"2013/06/26/cal/","path":"/news/101574/scalia-in-doma-dissent-majority-supports-same-sex-marriage-as-a-constitutional-right","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101577\" class=\"wp-caption aligncenter\" style=\"max-width: 540px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/cal/sf-city-hall/\" rel=\"attachment wp-att-101577\">\u003cimg class=\"size-full wp-image-101577 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/SF-City-Hall.jpg\" alt=\"San Francisco City Hall(KQED/Deborah Svoboda)\" width=\"540\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall\u003cbr>(KQED/Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>In Justice Antonin Scalia’s \u003ca href=\"http://news.yahoo.com/scalia-high-handed-kennedy-demeans-institution-101636785.html\">blistering dissent\u003c/a> on the DOMA ruling, he states that majority of justices is now willing to declare same-sex marriage a constitutional right:\u003c/p>\n\u003cp>“It takes real cheek for today's majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority's moral judgment in favor of same-sex marriage is to the Congress's hateful moral judgment against it. I promise you this: The only thing that will ‘confine’ the Court's holding is its sense of what it can get away with.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101574/scalia-in-doma-dissent-majority-supports-same-sex-marriage-as-a-constitutional-right","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3672","news_82","news_322"],"label":"news_6944"},"news_101441":{"type":"posts","id":"news_101441","meta":{"index":"posts_1591205157","site":"news","id":"101441","score":null,"sort":[1372288061000]},"guestAuthors":[],"slug":"yahoo-and-google-see-same-sex-marriage-searches-spike-as-rulings-come-down","title":"Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down","publishDate":1372288061,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_101442\" class=\"wp-caption aligncenter\" style=\"max-width: 540px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/rs5301_124-sfi/\" rel=\"attachment wp-att-101442\">\u003cimg class=\"size-full wp-image-101442 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5301_124-sfi.jpg\" alt=\"RS5301_124-sfi\" width=\"540\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Crispin Hollings proposes marriage to Luis Casillas, who accepts, at San Francisco City Hall today, where people gathered to watch the decisions on Prop 8 and DOMA come in. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Carolyn Clark, Senior Communications Manager at Yahoo, reports that a number of search terms have been spiking at the giant portal related to the Supreme Court rulings on Prop 8 and DOMA\u003c/p>\n\u003cp>\u003cstrong>Searches past 7 days ending June 25\u003c/strong> (breakout refers to a term that is gaining interest and had little to no interest during the previous time period):\u003c/p>\n\u003cul>\n\u003cli>Gay marriage up 37 percent\u003c/li>\n\u003cli>SCOTUS up 37 percent\u003c/li>\n\u003cli>Prop 8 decision 2013 (breakout)\u003c/li>\n\u003cli>Marriage license up 9 percent, Marriage certificate 18 percent\u003c/li>\n\u003cli>Liberals Supreme Court (breakout)\u003c/li>\n\u003cli>Marriage equality (breakout)\u003c/li>\n\u003cli>Marriage equality sign (breakout)\u003c/li>\n\u003cli>Save Your Marriage (breakout)\u003c!--more-->\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Most searched Justices in the past 7 days:\u003c/strong>\u003c/p>\n\u003col start=\"1\">\n\u003cli>Clarence Thomas\u003c/li>\n\u003cli>Antonin Scalia\u003c/li>\n\u003cli>John Roberts\u003c/li>\n\u003cli>Sonia Sotomayor\u003c/li>\n\u003c/ol>\n\u003cp>The gender breakdown on those searching about DOMA on Yahoo over the past seven days, is 49 percent female and 51 percent male.\u003c/p>\n\u003cp>\u003cstrong>The following specific search terms are among those spiking today:\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[Scotus]\u003cbr>\n[Prop 8]\u003cbr>\n[proposition 8 california]\u003cbr>\n[prop 8 dissents]\u003cbr>\n[Scotus ruling on prop 8]\u003cbr>\n[marriage equality sign]\u003cbr>\n[scotusblog]\u003cbr>\n[same-sex marriage]\u003cbr>\n[marriage equality symbol]\u003cbr>\n[marriage equality sign]\u003cbr>\n[supreme court decision doma prop 8]\u003cbr>\n[justice samuel alito]\u003cbr>\n[benefits of married couples]\u003cbr>\n[scotus acronym]\u003c/p>\n\u003cfigure id=\"attachment_101491\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/googlescreen-640/\" rel=\"attachment wp-att-101491\">\u003cimg class=\"size-full wp-image-101491 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/googlescreen-640.jpg\" alt=\"googlescreen-640\" width=\"640\" height=\"400\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Search terms related to same sex rmarriage trending on Google today. (Google)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Meanwhile, at Google, spokesperson Roya Soleimani reports that the following search terms were trending between 9:30 a.m. – 2:30 pm ET today:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>DOMA\u003c/li>\n\u003cli>Supreme Court gay marriage\u003c/li>\n\u003cli>Prop 8 ruling\u003c/li>\n\u003cli>5th Ammendment\u003c/li>\n\u003cli>What is DOMA\u003c/li>\n\u003cli>Marriage Equality\u003c/li>\n\u003cli>Edith Windsor\u003c/li>\n\u003cli>US Supreme Court Ruling\u003c/li>\n\u003cli>HRC\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>“On Google+, the hashtags #equalrights and #EQUALITYFORALL are trending right now on G+,\"Soleimani added.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372288229,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":297},"headData":{"title":"Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down | KQED","description":"Carolyn Clark, Senior Communications Manager at Yahoo, reports that a number of search terms have been spiking at the giant portal related to the Supreme Court rulings on Prop 8 and DOMA Searches past 7 days ending June 25 (breakout refers to a term that is gaining interest and had little to no interest during","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down","datePublished":"2013-06-26T23:07:41.000Z","dateModified":"2013-06-26T23:10:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101441 http://ww2.kqed.org/news/?p=101441","disqusUrl":"https://ww2.kqed.org/news/2013/06/26/yahoo-and-google-see-same-sex-marriage-searches-spike-as-rulings-come-down/","disqusTitle":"Yahoo and Google See Same-Sex Marriage Searches Spike As Rulings Come Down","customPermalink":"2013/06/26/101441/","path":"/news/101441/yahoo-and-google-see-same-sex-marriage-searches-spike-as-rulings-come-down","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101442\" class=\"wp-caption aligncenter\" style=\"max-width: 540px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/rs5301_124-sfi/\" rel=\"attachment wp-att-101442\">\u003cimg class=\"size-full wp-image-101442 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5301_124-sfi.jpg\" alt=\"RS5301_124-sfi\" width=\"540\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Crispin Hollings proposes marriage to Luis Casillas, who accepts, at San Francisco City Hall today, where people gathered to watch the decisions on Prop 8 and DOMA come in. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Carolyn Clark, Senior Communications Manager at Yahoo, reports that a number of search terms have been spiking at the giant portal related to the Supreme Court rulings on Prop 8 and DOMA\u003c/p>\n\u003cp>\u003cstrong>Searches past 7 days ending June 25\u003c/strong> (breakout refers to a term that is gaining interest and had little to no interest during the previous time period):\u003c/p>\n\u003cul>\n\u003cli>Gay marriage up 37 percent\u003c/li>\n\u003cli>SCOTUS up 37 percent\u003c/li>\n\u003cli>Prop 8 decision 2013 (breakout)\u003c/li>\n\u003cli>Marriage license up 9 percent, Marriage certificate 18 percent\u003c/li>\n\u003cli>Liberals Supreme Court (breakout)\u003c/li>\n\u003cli>Marriage equality (breakout)\u003c/li>\n\u003cli>Marriage equality sign (breakout)\u003c/li>\n\u003cli>Save Your Marriage (breakout)\u003c!--more-->\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Most searched Justices in the past 7 days:\u003c/strong>\u003c/p>\n\u003col start=\"1\">\n\u003cli>Clarence Thomas\u003c/li>\n\u003cli>Antonin Scalia\u003c/li>\n\u003cli>John Roberts\u003c/li>\n\u003cli>Sonia Sotomayor\u003c/li>\n\u003c/ol>\n\u003cp>The gender breakdown on those searching about DOMA on Yahoo over the past seven days, is 49 percent female and 51 percent male.\u003c/p>\n\u003cp>\u003cstrong>The following specific search terms are among those spiking today:\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>[Scotus]\u003cbr>\n[Prop 8]\u003cbr>\n[proposition 8 california]\u003cbr>\n[prop 8 dissents]\u003cbr>\n[Scotus ruling on prop 8]\u003cbr>\n[marriage equality sign]\u003cbr>\n[scotusblog]\u003cbr>\n[same-sex marriage]\u003cbr>\n[marriage equality symbol]\u003cbr>\n[marriage equality sign]\u003cbr>\n[supreme court decision doma prop 8]\u003cbr>\n[justice samuel alito]\u003cbr>\n[benefits of married couples]\u003cbr>\n[scotus acronym]\u003c/p>\n\u003cfigure id=\"attachment_101491\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/26/101441/googlescreen-640/\" rel=\"attachment wp-att-101491\">\u003cimg class=\"size-full wp-image-101491 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/googlescreen-640.jpg\" alt=\"googlescreen-640\" width=\"640\" height=\"400\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Search terms related to same sex rmarriage trending on Google today. (Google)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Meanwhile, at Google, spokesperson Roya Soleimani reports that the following search terms were trending between 9:30 a.m. – 2:30 pm ET today:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>DOMA\u003c/li>\n\u003cli>Supreme Court gay marriage\u003c/li>\n\u003cli>Prop 8 ruling\u003c/li>\n\u003cli>5th Ammendment\u003c/li>\n\u003cli>What is DOMA\u003c/li>\n\u003cli>Marriage Equality\u003c/li>\n\u003cli>Edith Windsor\u003c/li>\n\u003cli>US Supreme Court Ruling\u003c/li>\n\u003cli>HRC\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>“On Google+, the hashtags #equalrights and #EQUALITYFORALL are trending right now on G+,\"Soleimani added.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101441/yahoo-and-google-see-same-sex-marriage-searches-spike-as-rulings-come-down","authors":["223"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3672","news_82","news_126","news_322","news_201","news_932"],"label":"news_6944"},"news_101301":{"type":"posts","id":"news_101301","meta":{"index":"posts_1591205157","site":"news","id":"101301","score":null,"sort":[1372264414000]},"guestAuthors":[],"slug":"cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-california","title":"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California","publishDate":1372264414,"format":"aside","headTitle":"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_101342\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-101342\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5290_transform-300x200.jpg\" alt=\"Thousands of people crammed into San Francisco's CIty Hall before the rulings. (Deborah Svoboda/KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people crammed into San Francisco’s CIty Hall before the rulings. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Thousands of people gathered in front of the U.S. Supreme Court, in San Francisco City Hall and in homes nationwide for long-awaited rulings on same-sex marriage this morning.\u003c/p>\n\u003cp>While many people celebrated the Supreme Court overturning a provision of the Defense of Marriage Act and paving the way for same-sex marriages to resume in California, others called it a travesty. Now, Californians are waiting to find out when same-sex marriages will resume.\u003c/p>\n\u003cp>http://storify.com/kqednews/supreme-court-clears-way-for-same-sex-in-marriage\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685487560,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":4,"wordCount":109},"headData":{"title":"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California | KQED","description":"Thousands of people gathered in front of the U.S. Supreme Court, in San Francisco City Hall and in homes nationwide for long-awaited rulings on same-sex marriage this morning. While many people celebrated the Supreme Court overturning a provision of the Defense of Marriage Act and paving the way for same-sex marriages to resume in California,","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Cheers and Jeers as the Supreme Court Clears Way for Same-Sex Marriage in California","datePublished":"2013-06-26T16:33:34.000Z","dateModified":"2023-05-30T22:59:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"customPermalink":"2013/06/26/cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-ca/","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/101301/cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101342\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-101342\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5290_transform-300x200.jpg\" alt=\"Thousands of people crammed into San Francisco's CIty Hall before the rulings. (Deborah Svoboda/KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people crammed into San Francisco’s CIty Hall before the rulings. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Thousands of people gathered in front of the U.S. Supreme Court, in San Francisco City Hall and in homes nationwide for long-awaited rulings on same-sex marriage this morning.\u003c/p>\n\u003cp>While many people celebrated the Supreme Court overturning a provision of the Defense of Marriage Act and paving the way for same-sex marriages to resume in California, others called it a travesty. Now, Californians are waiting to find out when same-sex marriages will resume.\u003c/p>\n\u003cp>http://storify.com/kqednews/supreme-court-clears-way-for-same-sex-in-marriage\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101301/cheers-and-jeers-as-the-supreme-court-clears-way-for-same-sex-marriage-in-california","authors":["199"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3672","news_82","news_126","news_322","news_38","news_932"],"label":"news_6944"},"news_101222":{"type":"posts","id":"news_101222","meta":{"index":"posts_1591205157","site":"news","id":"101222","score":null,"sort":[1372255759000]},"guestAuthors":[],"slug":"full-text-supreme-court-doma-decision","title":"Full Text Supreme Court DOMA Decision","publishDate":1372255759,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/150136391/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372255759,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":2},"headData":{"title":"Full Text Supreme Court DOMA Decision | KQED","description":"","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Full Text Supreme Court DOMA Decision","datePublished":"2013-06-26T14:09:19.000Z","dateModified":"2013-06-26T14:09:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"101222 http://ww2.kqed.org/news/?p=101222","disqusUrl":"https://ww2.kqed.org/news/2013/06/26/full-text-supreme-court-doma-decision/","disqusTitle":"Full Text Supreme Court DOMA Decision","path":"/news/101222/full-text-supreme-court-doma-decision","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/150136391/content?start_page=1&view_mode=scroll&show_recommendations=true\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/101222/full-text-supreme-court-doma-decision","authors":["80"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_893","news_3672"],"label":"news_6944"},"news_92727":{"type":"posts","id":"news_92727","meta":{"index":"posts_1591205157","site":"news","id":"92727","score":null,"sort":[1364431990000]},"guestAuthors":[],"slug":"doma-oral-arguments-explained","title":"DOMA Oral Arguments Explained","publishDate":1364431990,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>U.S. Supreme Court justices heard arguments for almost two hours on the federal Defense of Marriage Act Wednesday morning. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions centered around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\u003c/p>\n\u003cfigure id=\"attachment_92735\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/visitors-an-employees-arrive-at-the-us-s/\" rel=\"attachment wp-att-92735\">\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court (Paul J. Richards/AFP/Getty Images) \u003ccite>(Paul J. Richards/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big takeaway from this has always been: The court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.\u003c/p>\n\u003cp>[At question is] whether [BLAG] is an appropriate representative of the Congress that passed the DOMA. Let’s say that the House of Representatives had not stepped in to defend DOMA, say some conservative pro-marriage group did. Now, it is Windsor against the United States, the United States is not defending, the House, the Senate, no one in the government is defending. But someone who likes the DOMA steps in and says, \"I’ll defend it.\" We clearly would not allow a court to resolve that case on the merits because we would not have confidence that that outside group that wants to defend DOMA would do the right kind of job, given that they are not a valid representative of the people and the Congress that passed the DOMA.\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SOTOMAYOR: Can you tell me where the authorization is here? I know that there is a statute that gives the Senate specifically authorization to intervene and that there was consideration of extending that right to the House. But the appointment of BLAG is strange to me, because it's not in a statute, it's in a House rule.\u003c/p>\n\u003cp>So where -- how does that constitute anything other than a private agreement among some Senators, the House leadership? And where -- from where do they derive the right, the statutory right, to take on the power of representing the House in items outside of the House? I know they control the procedures within the House, but that's a very different step from saying that they can decide who or to create standing in some way, prudential or otherwise, Article III or otherwise.\u003c/p>\n\u003cp>MR. CLEMENT: Well, Justice Sotomayor, I can point you to two places. One is the House rules that are pursuant to the rulemaking authority and approved by the institution. They're approved in every Congress. Rule 2.8.\u003c/p>\n\u003cp>JUSTICE SOTOMAYOR: What other House Rule creates the power of the majority leaders to represent the House outside of the functions of the House?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Can the President Choose Not to Uphold the Law?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Historically [how it works for] the president and the Department of Justice in Washington, D.C., is that when a law is passed by Congress, even over a presidential veto, and is later challenged in court as being unconstitutional, that the executive branch of the United States views it as its job to defend what Congress has done and it will provide a vigorous defense in court. Unless the law is patently unconstitutional and no reasonable person could think there is a defense. So the president over the years has personally defended all sorts of laws he thinks are unconstitutional.\u003c/p>\n\u003cp>President Obama did not follow that general historical practice here, and hasn’t fully explained why this is an appropriate exception. That’s what Chief Justice Roberts and Justice Scalia were frustrated by, because then a statute can die on the vine simply because the President is not enforcing it and yet no court has ever weighed in to invalidate it because there’s no case in which a case could do so. That gives a lot of power and discretion to the president.\u003c/p>\n\u003cp>\u003cem>Chadha\u003c/em> is a case in which Congress passed a law that basically limited the president’s authority and enhanced Congress’s authority. Congress used that authority to deport a man named Mr. Chadha. He objected to this law on the ground that it … was a usurpation of authority by Congress. So, Chadha sued the federal government, the INS who was going to deport him and the president, through the attorney general, agreed with Mr. Chadha…So when the case was litigated you have the same situation you have in Prop. 8 and the DOMA, you have the executive branch on the side of the challenger rather than on the side of defending the legislative enactment. So the question is whether if \u003cem>Chadha\u003c/em> was a case that was appropriate for Supreme Court resolution, why shouldn’t the DOMA case be similar.\u003c/p>\n\u003cp>But there are some important distinctions, so if it wants to [the court] can get rid of the case on standing grounds, and dooesn't have to overrule the \u003cem>Chadha\u003c/em> case, it just has to limit the \u003cem>Chadha\u003c/em> ruling.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: No, it's not just - it's not unusual. It's totally unprecedented.\u003c/p>\n\u003cp>MR. SRINIVASAN: Well, it's totally unprecedented in one respect, Your Honor. If you look at Chadha -- okay, the second point I'd make. Let me make one point at the outset, though, which is that whether it's totally unusual or largely unusual, I grant you that it doesn't happen. But the reason it doesn't happen is because -- I wouldn't confuse a numerator with a denominator. This set of circumstances just doesn't arise very often.\u003c/p>\n\u003cp>Now, it's true that when this set of circumstances -\u003c/p>\n\u003cp>JUSTICE SCALIA: It has not arisen very often in the past, because in the past, when I was at the Office of Legal Counsel, there was an opinion of the Office of Legal Counsel which says that the Attorney General will defend the laws of the United States, except in two circumstances: Number one, where the basis for the alleged unconstitutionality has to do with presidential powers. When the presidential powers are involved, he's the lawyer for the President. So he can say, we think the statute's unconstitutional, I won't defend it.\u003c/p>\n\u003cp>The second situation is where no possible rational argument could be made in defense of it. Now, neither of those situations exists here. And I'm wondering if we're living in this new world where the Attorney General can simply decide, yeah, it's unconstitutional, but it's not so unconstitutional that I'm not willing to enforce it, if we're in this new world, I -- I don't want these cases like this to come before this Court all the time.\u003c/p>\n\u003cp>And I think they will come all the time if that's -- if that's -- if that's the new regime in the Justice Department that we're dealing with.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I would have thought your answer would be that the Executive's obligation to execute the law includes the obligation to execute the law consistent with the Constitution. And if he has made a determination that executing the law by enforcing the terms is unconstitutional, I don't see why he doesn't have the courage of his convictions and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we'll wait till the Supreme Court tells us we have no choice.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE ALITO: Well, how are you aggrieved? \"Aggrieved\" means that you are deprived of your legal rights. And you don't think that you've been deprived of your legal rights because your rights -- your obligations under the Constitution supercede DOMA, and you haven't been deprived of anything that you're entitled to under the Constitution. So how are you aggrieved?\u003c/p>\n\u003cp>MR. SRINIVASAN: I guess we'd -- I'd subscribe to the aggrievement analysis that the Court made in Chadha at pages 929 to 931 of its opinion. And what the Court said is this: \"When an agency of the United States is a party to a case in which an act of Congress that it administers is held unconstitutional, it is an aggrieved party. The agency's status as an aggrieved party is not altered by the fact that the Executive may agree with the holding that the statute in question is unconstitutional.\" That description is on all fours with the circumstances of this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Federalism\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Would the federal government be stepping on the toes of the states by treating same-sex couples as married, even when those couples were not treated as married in that state? Those are the kinds of questions that really probe this federalism rationale. How much is marriage an exclusive domain of the states? And is the federal government really out of its arena? To say that the federal government always has to defer to the states, or generally defer to the states in these marital arenas would be a big step, but at least is a step that does not resolve the meta-question here about whether the 40-odd states that ban same-sex marriage would have to change what they’re doing.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE KENNEDY: Well, I think -- I think it is a DOMA problem. The question is whether or not the Federal government, under our federalism scheme, has the authority to regulate marriage.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE KENNEDY: Well, it applies to over what, 1,100 Federal laws, I think we are saying. So it's not -- it's -- it's -- I think there is quite a bit to your argument that if the tax deduction case, which is specific, whether or not if Congress has the power it can exercise it for the reason that it wants, that it likes some marriage it does like, I suppose it can do that.\u003c/p>\n\u003cp>But when it has 1,100 laws, which in our society means that the Federal Government is intertwined with the citizens' day-to-day life, you are at -- at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE GINSBURG: They're not -- they're not a question of additional benefits. I mean, they touch every aspect of life. Your partner is sick. Social Security. I mean, it's pervasive. It's not as though, well, there's this little Federal sphere and it's only a tax question.\u003c/p>\n\u003cp>It's -- it's -- as Justice Kennedy said, 1,100 statutes, and it affects every area of life. And so he was really diminishing what the State has said is marriage. You're saying, no, State said two kinds of marriage; the full marriage, and then this sort of skim milk marriage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Equal Protection\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar\u003c/strong>: The equal protection idea in the Constitution, and it’s in the 14\u003csup>th\u003c/sup> Amendment and it’s also in the Fifth Amendment, is not a command that government always treat everybody identically, because that would make no sense. Every law that government passes treats some persons or things than other persons or things. Every law does that.\u003c/p>\n\u003cp>The question is what kind of basis for differentiating people is valid. It’s certainly OK to treat criminals differently than non-criminals; the former go to jail, the latter do not. It’s also certainly not OK to treat ethnic minorities differently than whites without a really strong justification. So why is it OK to treat criminals different than non-criminals, but not OK to treat blacks differently than whites?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Those are the big questions in equal protection and how do they apply to a group like gays and lesbians. Are they more like racial minorities or are they more properly analogous to other groups in society that don’t benefit from any special judicial protection? So the equal protection idea requires the courts figure out which kinds of groups should not be treated differently based on some group characteristic.\u003c/p>\n\u003cblockquote>\u003cp> GENERAL VERRILLI: Well, with respect to Section 3 of DOMA, the problem is an equal protection problem from the point of view of the United States.\u003c/p>\n\u003cp>JUSTICE KAGAN: Yes, but, General, surely the question of what the Federal interests are and whether those Federal interests should take account of the historic State prerogatives in this area is relevant to the equal protection inquiry?\u003c/p>\n\u003cp>GENERAL VERRILLI: It's central to the inquiry, Justice Kagan. I completely agree with that point.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: Oh, so it would be central to the inquiry if Congress went the other way, too?\u003c/p>\n\u003cp>GENERAL VERRILLI: Well, the difference is what Section 3 does is impose this exclusion from Federal benefits on a class that has undeniably been subject to a history of terrible discrimination on the basis of –\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I understand that. That's your equal protection argument. It's not very responsive to my concern I'm trying to get an answer to. You don't think federalism concerns come into play at all in this, right?\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":"For almost two hours Supreme Court justices heard arguments on the federal Defense of Marriage Act. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions were around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\r\n\r\n\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/files/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\" style=\"padding:10px 10px 10px 10px\" align=\"left\" />\u003c/a> \r\n\r\nThe justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Barack Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\r\n\u003ch3>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/h3>\r\n\u003cstrong>Standing\u003c/strong>\r\n\r\n\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big take-away from this has always been, the court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\r\n\r\nThe basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.","status":"publish","parent":0,"modified":1398733227,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":47,"wordCount":2424},"headData":{"title":"DOMA Oral Arguments Explained | KQED","description":"For almost two hours Supreme Court justices heard arguments on the federal Defense of Marriage Act. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions were around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\r\n\r\n \r\n\r\nThe justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Barack Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\r\nUC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\r\nStanding\r\n\r\nAmar: If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big take-away from this has always been, the court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\r\n\r\nThe basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"DOMA Oral Arguments Explained","datePublished":"2013-03-28T00:53:10.000Z","dateModified":"2014-04-29T01:00:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"92727 http://ww2.kqed.org/news/?p=92727","disqusUrl":"https://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/","disqusTitle":"DOMA Oral Arguments Explained","path":"/news/92727/doma-oral-arguments-explained","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Supreme Court justices heard arguments for almost two hours on the federal Defense of Marriage Act Wednesday morning. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions centered around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\u003c/p>\n\u003cfigure id=\"attachment_92735\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/visitors-an-employees-arrive-at-the-us-s/\" rel=\"attachment wp-att-92735\">\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court (Paul J. Richards/AFP/Getty Images) \u003ccite>(Paul J. Richards/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big takeaway from this has always been: The court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.\u003c/p>\n\u003cp>[At question is] whether [BLAG] is an appropriate representative of the Congress that passed the DOMA. Let’s say that the House of Representatives had not stepped in to defend DOMA, say some conservative pro-marriage group did. Now, it is Windsor against the United States, the United States is not defending, the House, the Senate, no one in the government is defending. But someone who likes the DOMA steps in and says, \"I’ll defend it.\" We clearly would not allow a court to resolve that case on the merits because we would not have confidence that that outside group that wants to defend DOMA would do the right kind of job, given that they are not a valid representative of the people and the Congress that passed the DOMA.\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SOTOMAYOR: Can you tell me where the authorization is here? I know that there is a statute that gives the Senate specifically authorization to intervene and that there was consideration of extending that right to the House. But the appointment of BLAG is strange to me, because it's not in a statute, it's in a House rule.\u003c/p>\n\u003cp>So where -- how does that constitute anything other than a private agreement among some Senators, the House leadership? And where -- from where do they derive the right, the statutory right, to take on the power of representing the House in items outside of the House? I know they control the procedures within the House, but that's a very different step from saying that they can decide who or to create standing in some way, prudential or otherwise, Article III or otherwise.\u003c/p>\n\u003cp>MR. CLEMENT: Well, Justice Sotomayor, I can point you to two places. One is the House rules that are pursuant to the rulemaking authority and approved by the institution. They're approved in every Congress. Rule 2.8.\u003c/p>\n\u003cp>JUSTICE SOTOMAYOR: What other House Rule creates the power of the majority leaders to represent the House outside of the functions of the House?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Can the President Choose Not to Uphold the Law?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Historically [how it works for] the president and the Department of Justice in Washington, D.C., is that when a law is passed by Congress, even over a presidential veto, and is later challenged in court as being unconstitutional, that the executive branch of the United States views it as its job to defend what Congress has done and it will provide a vigorous defense in court. Unless the law is patently unconstitutional and no reasonable person could think there is a defense. So the president over the years has personally defended all sorts of laws he thinks are unconstitutional.\u003c/p>\n\u003cp>President Obama did not follow that general historical practice here, and hasn’t fully explained why this is an appropriate exception. That’s what Chief Justice Roberts and Justice Scalia were frustrated by, because then a statute can die on the vine simply because the President is not enforcing it and yet no court has ever weighed in to invalidate it because there’s no case in which a case could do so. That gives a lot of power and discretion to the president.\u003c/p>\n\u003cp>\u003cem>Chadha\u003c/em> is a case in which Congress passed a law that basically limited the president’s authority and enhanced Congress’s authority. Congress used that authority to deport a man named Mr. Chadha. He objected to this law on the ground that it … was a usurpation of authority by Congress. So, Chadha sued the federal government, the INS who was going to deport him and the president, through the attorney general, agreed with Mr. Chadha…So when the case was litigated you have the same situation you have in Prop. 8 and the DOMA, you have the executive branch on the side of the challenger rather than on the side of defending the legislative enactment. So the question is whether if \u003cem>Chadha\u003c/em> was a case that was appropriate for Supreme Court resolution, why shouldn’t the DOMA case be similar.\u003c/p>\n\u003cp>But there are some important distinctions, so if it wants to [the court] can get rid of the case on standing grounds, and dooesn't have to overrule the \u003cem>Chadha\u003c/em> case, it just has to limit the \u003cem>Chadha\u003c/em> ruling.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: No, it's not just - it's not unusual. It's totally unprecedented.\u003c/p>\n\u003cp>MR. SRINIVASAN: Well, it's totally unprecedented in one respect, Your Honor. If you look at Chadha -- okay, the second point I'd make. Let me make one point at the outset, though, which is that whether it's totally unusual or largely unusual, I grant you that it doesn't happen. But the reason it doesn't happen is because -- I wouldn't confuse a numerator with a denominator. This set of circumstances just doesn't arise very often.\u003c/p>\n\u003cp>Now, it's true that when this set of circumstances -\u003c/p>\n\u003cp>JUSTICE SCALIA: It has not arisen very often in the past, because in the past, when I was at the Office of Legal Counsel, there was an opinion of the Office of Legal Counsel which says that the Attorney General will defend the laws of the United States, except in two circumstances: Number one, where the basis for the alleged unconstitutionality has to do with presidential powers. When the presidential powers are involved, he's the lawyer for the President. So he can say, we think the statute's unconstitutional, I won't defend it.\u003c/p>\n\u003cp>The second situation is where no possible rational argument could be made in defense of it. Now, neither of those situations exists here. And I'm wondering if we're living in this new world where the Attorney General can simply decide, yeah, it's unconstitutional, but it's not so unconstitutional that I'm not willing to enforce it, if we're in this new world, I -- I don't want these cases like this to come before this Court all the time.\u003c/p>\n\u003cp>And I think they will come all the time if that's -- if that's -- if that's the new regime in the Justice Department that we're dealing with.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I would have thought your answer would be that the Executive's obligation to execute the law includes the obligation to execute the law consistent with the Constitution. And if he has made a determination that executing the law by enforcing the terms is unconstitutional, I don't see why he doesn't have the courage of his convictions and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we'll wait till the Supreme Court tells us we have no choice.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE ALITO: Well, how are you aggrieved? \"Aggrieved\" means that you are deprived of your legal rights. And you don't think that you've been deprived of your legal rights because your rights -- your obligations under the Constitution supercede DOMA, and you haven't been deprived of anything that you're entitled to under the Constitution. So how are you aggrieved?\u003c/p>\n\u003cp>MR. SRINIVASAN: I guess we'd -- I'd subscribe to the aggrievement analysis that the Court made in Chadha at pages 929 to 931 of its opinion. And what the Court said is this: \"When an agency of the United States is a party to a case in which an act of Congress that it administers is held unconstitutional, it is an aggrieved party. The agency's status as an aggrieved party is not altered by the fact that the Executive may agree with the holding that the statute in question is unconstitutional.\" That description is on all fours with the circumstances of this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Federalism\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Would the federal government be stepping on the toes of the states by treating same-sex couples as married, even when those couples were not treated as married in that state? Those are the kinds of questions that really probe this federalism rationale. How much is marriage an exclusive domain of the states? And is the federal government really out of its arena? To say that the federal government always has to defer to the states, or generally defer to the states in these marital arenas would be a big step, but at least is a step that does not resolve the meta-question here about whether the 40-odd states that ban same-sex marriage would have to change what they’re doing.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE KENNEDY: Well, I think -- I think it is a DOMA problem. The question is whether or not the Federal government, under our federalism scheme, has the authority to regulate marriage.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE KENNEDY: Well, it applies to over what, 1,100 Federal laws, I think we are saying. So it's not -- it's -- it's -- I think there is quite a bit to your argument that if the tax deduction case, which is specific, whether or not if Congress has the power it can exercise it for the reason that it wants, that it likes some marriage it does like, I suppose it can do that.\u003c/p>\n\u003cp>But when it has 1,100 laws, which in our society means that the Federal Government is intertwined with the citizens' day-to-day life, you are at -- at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE GINSBURG: They're not -- they're not a question of additional benefits. I mean, they touch every aspect of life. Your partner is sick. Social Security. I mean, it's pervasive. It's not as though, well, there's this little Federal sphere and it's only a tax question.\u003c/p>\n\u003cp>It's -- it's -- as Justice Kennedy said, 1,100 statutes, and it affects every area of life. And so he was really diminishing what the State has said is marriage. You're saying, no, State said two kinds of marriage; the full marriage, and then this sort of skim milk marriage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Equal Protection\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar\u003c/strong>: The equal protection idea in the Constitution, and it’s in the 14\u003csup>th\u003c/sup> Amendment and it’s also in the Fifth Amendment, is not a command that government always treat everybody identically, because that would make no sense. Every law that government passes treats some persons or things than other persons or things. Every law does that.\u003c/p>\n\u003cp>The question is what kind of basis for differentiating people is valid. It’s certainly OK to treat criminals differently than non-criminals; the former go to jail, the latter do not. It’s also certainly not OK to treat ethnic minorities differently than whites without a really strong justification. So why is it OK to treat criminals different than non-criminals, but not OK to treat blacks differently than whites?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Those are the big questions in equal protection and how do they apply to a group like gays and lesbians. Are they more like racial minorities or are they more properly analogous to other groups in society that don’t benefit from any special judicial protection? So the equal protection idea requires the courts figure out which kinds of groups should not be treated differently based on some group characteristic.\u003c/p>\n\u003cblockquote>\u003cp> GENERAL VERRILLI: Well, with respect to Section 3 of DOMA, the problem is an equal protection problem from the point of view of the United States.\u003c/p>\n\u003cp>JUSTICE KAGAN: Yes, but, General, surely the question of what the Federal interests are and whether those Federal interests should take account of the historic State prerogatives in this area is relevant to the equal protection inquiry?\u003c/p>\n\u003cp>GENERAL VERRILLI: It's central to the inquiry, Justice Kagan. I completely agree with that point.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: Oh, so it would be central to the inquiry if Congress went the other way, too?\u003c/p>\n\u003cp>GENERAL VERRILLI: Well, the difference is what Section 3 does is impose this exclusion from Federal benefits on a class that has undeniably been subject to a history of terrible discrimination on the basis of –\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I understand that. That's your equal protection argument. It's not very responsive to my concern I'm trying to get an answer to. You don't think federalism concerns come into play at all in this, right?\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/92727/doma-oral-arguments-explained","authors":["199"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3672","news_82","news_126","news_2725","news_322","news_201","news_932"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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