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Lawyers Debate Gay Marriage Future After High Court Non-Ruling

By    |   Tuesday, 07 Oct 2014 03:45 PM

Two lawyers appearing on Newsmax TV Tuesday agreed that the Supreme Court might still take up gay marriage, but diverged on how the high court might rule.

When the Supremes declined on Monday to hear appeals from five states that had sought to preserve bans on gay marriagea, the battle was finished, with advocates for legally binding same-sex unions on the winning side, New York lawyer Adam Thompson told "MidPoint" host Ed Berliner.

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Even if another case makes it to the Supreme Court, a majority of the justices will rule against banning gay marriage, said Thompson.

Bruce Hausknecht, judicial adviser to Focus on the Family, was less certain of that outcome, but he allowed that proponents of marriage as a heterosexual institution might have to start waging their campaign on a "hearts and minds" front, comparable to pro-life efforts at bending public opinion through persuasion.

Hausknecht said that polling on the issue might favor gay marriage today, but is not fixed.

"I guess it depends which poll you read, because I saw one the other day that said that support [for gay marriage] had dropped 6 points since last February," said Hausknecht.

"And that may be because there's beginning to be a backlash, because of the religious-freedom infringements that are going on around the states, with wedding vendors and business people of faith that are being bashed and being found liable for violating the rights of gays and lesbians.

"So this is an issue that's going to play itself out over years, not weeks," he said.

Hausknecht also said that state-level cases are still making their way through the federal court system, and that judges in one of the country's more conservative judicial regions may yet vote to uphold a ban on gay marriage.

Thompson agreed that that scenario is possible, but he argued that such a ruling will not survive Supreme Court review.

"They'll reverse that ruling," said Thompson, "and then it'll become a national standard that same sex marriage is now allowed in all states."

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Two lawyers appearing on Newsmax TV Tuesday agreed that the Supreme Court might still take up gay marriage, but diverged on how the high court might rule.
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Tuesday, 07 Oct 2014 03:45 PM
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