CNN news 2013-06-29 加文本

cnn news 2013-06-29

I'm Anderson Cooper. Welcome to the podcast. The Supreme Court makes history on same-sex marriage. Let's get started.

We begin, though, tonight with the Supreme Court's two historic decisions on same-sex marriage. One striking down a key provision of the Federal Defense of Marriage Act. The other effectively allowing same-sex marriage in the state of California.

Here is how it looked and sounded outside the high court moments after the ruling came down.

Jubilation there and among equality supporters across the country as words spread of the two decisions. In one, the court by a 5-4 majority striking down DOMA, which among other things barred federal recognition of same-sex marriage. Writing for the majority as he did 10 years ago in "Lawrence v. Texas," Justice Anthony Kennedy declared DOMA in violation of the Fifth Amendment's Equal Protection clause. In so many words, he also called it an act of cruelty.

Quote, "The federal statute is invalid for no," excuse me. "Is invalid for no legitimate purpose overcomes the purpose and effect to disparage(蔑视) and injure those whom the state by its marriage laws sought to protect in personhood and dignity."

The four most conservative justices dissented(不同意) including Chief Justice John Roberts on grounds that DOMA, which passed bipartisan support, should not be second guessed by the court. Chief Justice Roberts went the other way on California's Proposition 8 marriage ban, a 5-4 majority kicking it back to the state, effectively paving the way for same-sex marriages there to resume.

It's a thumbnail sketch of how the justices weighed the case. At the end of the day, though, for people on both sides of the issue, this is not just a constitutional question or a legislative matter. It is very personal.

For Edie Windsor who brought the DOMA case after facing what she called unequal treatment because her late spouse was a woman, this was bittersweet vindication.

I cried. I cried. OK. Really, obviously, but yes, the immediate reaction was thus tears.

The same could be said for so many others including two of our guests tonight, blogger Andrew Sullivan and Evan Wolfson, both of whom have fought for marriage equality for years and millions more, some married, some waiting to get married, and some for whom marriage is not yet an option.

On the other side, there are millions of other Americans whom, for whom marriage who believe is one man and one woman and see today's ruling as a betrayal of their beliefs in the Constitution.

This is far from over. In fact, the time is not on the side of those who want to redefine marriage. If it were, I don't think they would have gone to the court trying to impose same-sex marriage on the entire nation.

Polls show otherwise. A lot to talk about with senior legal analyst Jeffrey Toobin, blogger Andrew Sullivan and Evan Wolfson, founder and president of FreedomtoMarry.og.

Jeff, let me start with you down in D.C., short of nationwide legalization of same-sex marriage, which most people didn't expect the court to actually implement, these results represent probably the best possible outcome for equality supporters, right?

Absolutely. There are lots of ways this court could have struck down DOMA without the ringing expansive rhetoric of Justice Kennedy's opinion because this has two principal effects. First of all, the DOMA penalties in themselves are gone. Gay married couples can now file joint federal tax returns. They can get Social Security Survivors Benefits, they can get all the federal benefits that straight couples can get.

But the rhetoric, the language of Justice Kennedy's opinion really does open the door to challenge the laws in the 38 states that don't have same-sex marriage. David Boise, who was one of the lead lawyers in the Proposition 8 case said we are now moving to those 38 states and he says within five years he thinks marriage equality will cover the whole country. That's an ambitious goal but it's not out of the question listening to his opinion.