Tags: Exclusive Interviews | Steve Malzberg Show | Supreme Court | gay | marriage | rights | law

CNN Legal Analyst Callan: High Court Will Back Same-Sex Marriage

Thursday, 27 Feb 2014 09:23 PM

The nation's high court will "eventually" make a "big decision" on the issue same-sex marriages — and likely rule in favor of them, CNN legal analyst Paul Callan predicted Thursday.

In an exclusive interview on "The Steve Malzberg Show" on Newsmax TV, Callan said when the U.S. Supreme Court takes a look at the issue, "they're never going" to say "every state must recognize same-sex marriage."

"What they're going to say is that the 14th Amendment to the Constitution applies and that if a state is going to ban it, it has to have a rational basis or a compelling state interest in doing so," he predicted.

But make no mistake, it will wind up before the justices, he predicted.

"A lot of times the court . . . takes tiny steps to see what the lower courts are going to do to let it percolate up, to let public opinion formulate one way or another," he said. "We're going to see a big Supreme Court decision come down on this eventually."

Story continues below video.



Callan noted a federal judge's ruling Wednesday that a Texas same-sex marriage ban was unconstitutional "is very, very interesting."

"Texas voters enacted a law and it eventually had the force of a Texas constitutional amendment saying basically that marriage would be defined as between one man and one woman," he said.

When a lawsuit wound up in front of U.S. District Judge Orlando Garcia, he decided the state law excludes the two couples who brought the suit from the constitutional guarantees of equal protection and due process.

"This judge says, 'you have to prove to me that there's a compelling state interest or a rational basis or a solid reason why the government treats gays differently than heterosexual couples and I don’t see that reason being proven,'" Callan explained.

Garcia, then, in tossing out the constitutional amendment to the Texas law "essentially legalized gay marriage in Texas and said also that Texas has to recognize out of state gay marriages."

See "The Steve Malzberg Show" on Newsmax TV each weekday live by clicking here now.

© 2015 Newsmax. All rights reserved.

Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

'American Sniper' Actor to Moore: You Don't Get This Movie

Friday, 23 Jan 2015 19:16 PM

Those who criticize "American Sniper" as a glorification of the elite Navy marksmen who pick off enemy soldiers misunder . . .

Ex-Navy SEAL: 'American Sniper' Proves Hollywood Not All Lefties

Friday, 23 Jan 2015 19:13 PM

Former Navy SEAL and FBI agent Jonathan Gilliam says "American Sniper" proves that Hollywood can do it right - and belie . . .

Ex-CIA Agent: Yemen Shows Obama's 'Shocking Incompetence'

Friday, 23 Jan 2015 17:50 PM

The fall of Yemen's pro-U.S. government to Muslim rebels reportedly backed by Iran lays bare the strategic folly of a pr . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved