The lawyers who represented gay couples
in a lawsuit challenging California's now-defunct gay marriage ban,
Proposition 8, predicted Sunday that the Supreme Court will strike
down state marriage bans as unconstitutional.
On Tuesday, the nation's highest court
will hear arguments in a case challenging bans in four states –
Ohio, Michigan, Tennessee and Kentucky. A ruling is expected in
David Boies and Ted Olson said during
an appearance on Meet the Press that based on the 2013 case
that struck down the Defense of Marriage Act (DOMA), which led to the
federal government recognizing the marriages of gay couples, a
majority of justices will rule to overturn the bans.
read what the Supreme Court said in that case, there's really no
other way for the Supreme Court to come out in the case that's up for
argument on Tuesday,” Olson
“The first part of that case is
whether states have to recognize the rights of individuals who wish
to get married in that state. I think that will end the debate right
Boies said that a unanimous or
near-unanimous ruling would send a strong message.
“I think civil rights cases ought to
be decided 9-0 or 8-1, the way the racial and civil rights decisions
were largely made,” he said. “It sends a message that this
country doesn't tolerate discrimination. So, I think the more
justices that sign on, the better.”
Olson said that he was optimistic
“it'll be more than five votes.”
“But we can count the justices that
already decided the Defense of Marriage case and their explanation
for why they decided that,” he said.
He added that increasing public support
for marriage equality “makes it easier now for the Supreme Court to
make that total decision.”