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Kenji Yoshino Talks About Prop 8 On The Rachel Maddow Show
Civil Rights | December 10, 2012

Kenji Yoshino Talks About Prop 8 On The Rachel Maddow Show

Next year, the Supreme Court will hear two cases involving same-sex marriage. Human rights speaker Kenji Yoshino (who is also the Chief Justice Earl Warren Professor of Constitutional Law at the NYU School of Law) recently appeared on The Rachel Maddow Show to discuss the possible implications of the court hearing the cases challenging the Defense of Marriage Act (DOMA), as well as California’s Prop 8. Nine states in America have recently voted to recognize same-sex marriage—crystallizing the shift in public opinion where a larger portion of Americans are in favor of legalizing marriage between gay and lesbian couples. As the host explains on the show, a recent Gallup Poll released this week shows that 53 per cent of Americans are in favor of marriage equality.

Yoshino, who is currently writing a book that documents the Prop 8 litigation, explained that the verdicts for each case have different implications for the future of same-sex marriage. Prop 8 is a ballot initiative passed in California that outlawed gay marriage, and DOMA is an amendment signed into law by Bill Clinton stating that marriage is between a man and a woman. The Supreme Court will soon be ruling on the constitutionality of each case, and will decide whether the laws will remain the same or be dramatically altered. Yoshino says that he believes both DOMA and Prop 8 will be won in favor of gay rights. According to him, Prop 8 will be a "sleeper winner" because it is linked to a trial, which, historically, has favored well for gay rights. He explains that it's a good day for civil rights advocates as the potential changes these two cases could cause would dramatically change the country forever.
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