Prop 8 Lawyers Predict Marriage Equality Win At Supreme Court

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 June.

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.
“If you 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 said.

“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 there.”

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.”