Wednesday, June 26, 2013

SPS 2013: The Supreme Court of St. Albans Strikes Down DOMA, Allows Lower Court Ruling on Prop. 8 to Stand

In today's mock Supreme Court argument, we had two Supreme Courts simultaneously hearing and deciding the case. (See Courts pictured below.) The courts have now ruled. They have struck both struck down DOMA, citing the Equal Protection Clause and a federalism interest in allowing states to define marriage to include same-sex marriages. In the California Proposition 8 case, they have allowed the lower court ruling in favor of the plaintiffs' right to marry to stand, deferring to the State of California's decision to not defend Proposition 8 from challenge.