CNN commentator on Supreme Court news Jeff Toobin said Sunday he believes the high court will take the Massachusetts case challenging the Defense of Marriage Act but that it will decline to consider Proposition 8.
Speaking at a forum at the JFK Presidential Library in Boston November 18, Toobin said, “I don’t believe they are ready to take the backlash” of striking down laws banning same-sex marriage.
“They can see the writing on the wall,” said Toobin. “They see that same-sex marriage is happening.” But if the high court refuses to hear the appeal from Yes on 8 supporters of Proposition 8, he said, then same-sex marriage will become legal in California only.