As promised, the Supreme Court released transcripts from today’s DOMA hearing a little early, so they’re now ready for the world. Check out both the audio and the text files at the link above.
The Advocate was also kind enough to compile a list of the most important moments from the hearing and what they mean for DOMA’s future. Like the Prop 8 hearing, there were some heated moments; for example, Justice Kagan calling out Congress of 1996 for issuing a blanket “moral disapproval” of homosexuality.
Here’s a summary from Advocate’s Kerry Eleveld:
In two days of arguments, the antigay camps in both cases completely ducked the question: Why discriminate against LGBT people? As Freedom to Marry’s Evan Wolfson said following Wednesday’s arguments: “The single most striking thing was that both opposing counsels could not offer a single specific reason for why gay people — let alone gay couples — should be treated unequally under the law.” Instead, they took refuge in process arguments and told the court they should let this experiment play out in the states. By contrast, Wolfson notes, “We put forward a who’s who of America talking about all the reasons for ending this discrimination.”
Wolfson’s point was evident in nearly everything surrounding the proceedings: the size of the crowds outside, how enthusiastically our attorneys stood at the microphones to take questions following the cases, the indelible images of Edie Windsor blowing kisses in her pink scarf and the twin sons of Sandy Stier and Kristin Perry declaring, “We love our family and we look forward to the day when we will be treated equally under the law.” These two cases may not have an immediate sweeping effect legally if the justices get bogged down in issues of standing and jurisdiction, but the tidal wave of change that’s approaching is not just visible, it’s palpable. And it’s awesome.
And now we wait.