Oral Arguments in Hollingsworth v. Perry took place in the United States Supreme Court in Washington, DC on March 26. Arguments focused on standing and discrimination, leading to the notion that the Court will decide the case based on those issues.
The Petitioners, proponents of the statute, argued their right to defend the measure as representatives of the people.
The Court remained skeptical, pointing to the Attorney General’s proprietary interest in defending the statute as well as the requirements of Article III of the United States Constitution.
The Respondents, against the definition of marriage as between a man and a woman, argued there was no actual injury to justify standing. As to the issue of who represents the State of California, Respondents argued the Petitioners must be appointed by a state to acquire authority under that state.
Remarkably, it was only 1967 when the Supreme Court similarly struck down discrimination based on interracial marriage in Loving v. Virginia.
As to the discrimination issue raised by Loving, counsel for the Proponents argued an arbitrary and capricious distinction between similarly situated individuals is not at the root of the definition of marriage as between a man and a woman.
For transcripts and other information regarding Hollingsworth visit www.supremecourt.gov.
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