WASHINGTON – Today People For the American Way Foundation released a new report outlining the history and arguments surrounding the two marriage cases before the Supreme Court this term: Hollingsworth v. Perry, challenging California’s Proposition 8, and U.S. v. Windsor, challenging Section 3 of the anti-gay Defense of Marriage Act (DOMA).
The report, Equal Protection or ‘Social Tradition:’ The Supreme Court’s Test in the Marriage Cases , details the legal histories of the current Supreme Court cases as well as past cases addressing the issue of marriage discrimination. PFAW Foundation Senior Fellow Jamie Raskin, the report's author, takes apart conservative arguments against marriage equality, including those based on the goal of legislating social morality. Released just before the Supreme Court hears oral argument, the report provides timely, in-depth analysis and historical background on the central issues of the cases.
“The only real question is what role the Court will play in the historical process of vindicating the rights of the people,” the report notes. “Will it constitutionalize discriminatory ‘traditions,’ as it did in Bowers v. Harwick, or will it defend the rights and liberties of the people, as it did in Lawrence v. Texas?”