At the reasonable request of Dr. X, let’s discuss the arguments in the same-sex marriage cases.
Hollingsworth is the case reviewing the constitutionality of California’s Proposition 8, and Windsor is the case reviewing the constitutionality of DOMA.
Here is the transcript for the oral arguments in Hollingsworth, and of course responses are all over the internet. I’ll update this post with a link to the transcript for oral arguments in Windsor, when that becomes available.
Any thoughts? So far my favorite response is from Michael Drew, who sometimes joins us here. Over at the League of Ordinary Gentlemen, he responded to Scalia’s question about when it became unconstitutional to ban SSM, 1791, 1868?? with,
“1868, Your Honor; it’s just that now is when we’ve gotten around to litigating it.” I think that’s about the best, truest, answer (from a particular approach to constitutional interpretation, anyway) there is.
UPDATE: Here is the transcript for the DOMA hearing.