The Warren Court was ahead of history. The Robert’s Court is behind, but maybe they will surprise us as they did in Obamacare.
Philadelphia, PA (PRWEB) December 07, 2012
Now it’s certain: the U.S. Supreme Court will address same sex marriage this term. Will the Roberts court issue a ruling the magnitude of the landmark civil rights case Loving v. Virginia?
The American Law Journal television program addresses "Same Sex Marriage - the Long & Winding Road to the Supreme Court” this Sunday December 9 on the Philadelphia CNN Affiliate WFMZ-TV and is now available online here. The panel examines the possibility of the Roberts court legalizing same sex marriage as the Warren court did for interracial couples in the 1967 Loving decision.
Host and former New Jersey prosecutor Christopher Naughton discusses the DOMA (Defense of Marriage Act) and Prop 8 cases that the Court will rule upon with guests Professor Laura Little of Temple University Beasley School of Law, Professor John G. Culhane of Widener University School of Law and New Jersey Family Law practitioner Thomas Snyder of Einhorn Harris Ascher Barbarito Frost.
“At the time of Loving v. Virginia you had a Supreme Court that was in the middle of a twenty year tear on civil rights,” says Naughton. “Brown vs. Board got rid of ‘separate but equal.‘ Roe v. Wade gave women the right to abortion. And Loving said that no state could deny an interracial couple the right to marry."
“The Rehnquist and now Roberts courts are every bit as activist a court as Warren’s, but generally for the wealthy and politically powerful, not for individual citizen’s rights: stopping the vote count in Bush v. Gore, affirming themes that ‘money equals free speech’ and ‘corporations are people’ at the heart of Citizens’ United” continues Naughton. “The Warren Court was ahead of history. The Roberts Court is behind, but maybe they will surprise us as they did in Obamacare. I believe that only an affirmative vote by Justice Anthony Kennedy- or perhaps Roberts- will grant full legalization of same sex marriage across the land at this time.”
According to Culhane, this “could be a Loving v. Virginia moment but we’re not as far along as we were in 1967 with interracial marriage."
“This is a court that likes narrow rulings” states Little “and not thunderbolts thrown into the American public.”
American Lawyer Media/The Legal Intelligencer newspaper’s Senior Staff Writer Gina Passarella interviews Professor David Cohen of Drexel University Earle Mack School of Law and Assistant Professor Leonore Carpenter of Temple University Beasley School of Law in a feature report.
“If you think about it,” says Carpenter, “a federal statute [DOMA] has been found unconstitutional in two circuits. How does the IRS deal with that? It begs the question whether the Supreme Court could reasonably leave it as it is.”
Loving v. Virginia, 388 U.S. 1 (1967). 388 U.S. Supreme Court
Cases granted certiorari by the U.S. Supreme Court:
Windsor v. United States,
Perry v. Hollingsworth
About The American Law Journal
The American Law Journal is the weekly talk-feature program airing Monday nights at 7:00 p.m. and Sundays at 5:30pm on the CNN News affiliate in Philadelphia, WFMZ-TV 69 to Pennsylvania, New Jersey and Delaware. Discussing consumer, business and Constitutional issues, the program brings attorneys, law professors, judges, elected officials and more to shed light on current legal news and how the system impacts the everyday lives of all citizens.
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