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SCOTUS Won't Make Gay Marriage a Constitutional Right: Damon Root on Prop. 8 Oral Arguments

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March 26, 2013

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"The Supreme Court seems to think that the backers of [California's] Proposition 8 don't have the standing to bring this case, which would send the case back to the district courts," says Reason's Damon Root, who attended today's oral arguments for one of the most-watched cases in years.

Hollingsworth v. Perry deals with a ballot initiative passed with 52 percent of the vote in 2008 that bars the Golden State from recognizing same-sex marriage. "That would mean one of two things: We could have gay marriage in California but nowhere else, or the ruling could be limited just to the two same-sex couples that brought the case."

Root, who writes frequently about legal issues, sat down with Reason magazine's Matt Welch to discuss how he thinks the justices will rule based on today's proceedings.

About 5.30 minutes. Camera by Jim Epstein and Joshua Swain, and edited by Epstein.

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The Supreme CourtCalifornia's PropositionReason's Damon RootGolden StateMatt WelchJim EpsteinJoshua SwainEpstein Go

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SCOTUS Won't Make Gay Marriage a Constitutional Right: Damon Root on Prop. 8 Oral Arguments · ReasonTV · Sentinel