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

Thursday, 27 Feb 2014 09:23 PM

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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.

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