Will Gay Marriage Be A Ripple Or Tsunami?
Professor R. Richard Banks is quoted on Judge Vaughn Walker's ruling in California's Proposition 8 trial and what could happen if the case goes to the U.S. Supreme Court. Tovia Smith of National Public Radio's Morning Edition reports:
The federal court ruling upholding same-sex marriage in California made waves across the nation Wednesday, sparking rallies in dozens of cities all the way to the East Coast. But whether it causes just a ripple or a political and legal tsunami depends on whether it survives the appeals process — and makes it to the Supreme Court.
For now, same-sex couples in California who want to marry are still waiting. Attorneys on both sides have until Friday to file arguments on whether the ruling should be stayed pending the appeal.
With gay marriage banned in most states, Stanford University law professor Rick Banks said, justices will be loath to swing so far ahead of public opinion.
"Less than a decade ago, it was constitutionally permissible to put a man in jail for having sex with another man — less than a decade ago, that was permissible," Banks said. "And now here we are on the verge of same-sex marriage. I mean, that's too soon."