Tags: gay | marriage | scotus | dershowitz

Alan Dershowitz: Gay Rights Are ‘Unstoppable’

By Bill Hoffmann   |   Wednesday, 27 Mar 2013 04:29 PM

Famed civil-liberties attorney Alan Dershowitz says no matter what the U.S. Supreme Court decides on the issue of same-sex marriage, the rights of gays and lesbians across the country can no longer be held back.

“The arguments made yesterday and today don’t matter very much. The trend toward equality for gays is unstoppable; it’s going to happen,’’ Dershowitz told Newsmax TV’s “The Steve Malzberg Show.’’

“The law has to change with the times, it has to recognize the reality that different attitudes . . . change what the Equal Protection Clause means.’’

Dershowitz, a veteran law professor at Harvard University, said he predicts the Supreme Court will strike down the Defense of Marriage Act without even mentioning gays.

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“They’ll do that on federalism grounds. They’ll say — and conservatives might join in here — they’ll say, where does the federal government come off deciding what constitutes marriage?’’ Dershowitz said.

“Marriage has always been left to the states. The framers of the Constitution would be rolling over in their graves . . . that there was a federal statute regulating marriage? That’s absurd. So that will be struck down.’’

He said he see many states “joining what looks like a trend toward allowing either gay marriage or gay civil union or some form of equality — and the Supreme Court decision will be a footnote in history.’’

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