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Bender interviewed by PBS on gay marriage
, Professor of Law and Dean Emeritus, was a guest on March 27 on PBS’s Horizon, on which he discussed the U.S. Supreme Court’s recent hearings on California’s Proposition 8 and the federal Defense of Marriage Act (DOMA).
Bender said the hearings might have little or no effect on Arizona.
The DOMA, he said, only affects states that have already legalized same-sex marriage, by allowing the federal government to choose whether or not to recognize those marriages.
If Proposition 8, which bans same-sex marriage, is ruled unconstitutional only on narrow grounds (only applicable in California), then Arizona will be unaffected.
“The only way these cases will impact Arizona is if the court were to hold that it is unconstitutional for any state to ban gay marriage,” Bender said. “That would strike down the Arizona constitutional provision, which says marriage in Arizona is between one man and one woman.”
To watch the interview, click
Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.