Rachel Maddow parsed the important moments from the Supreme Court hearing on California's ban on same-sex marriage, Prop 8, Tuesday. Audio recordings of the proceedings showed Justices trying to decide whether the Prop 8 case should be the basis for a nationwide policy on gay marriage.
"And the predictions from most Court watchers are that the Justices seem to not think this is the right kind of case," Maddow said Tuesday.
If the Court rejects the case as a basis for nationwide same-sex marriage laws, then the lower court's ruling that Prop 8 was unconstitutional would stand.
"So, if that happened, gay marriage would be unbanned in California and couples there would have the same rights to marry as couple in Iowa, and Massachussetts, and DC, and the other seven states that recognize equal marriage rights," Maddow said.
Wednesday, the Justices heard oral arguments on the constitutionality of the Defense of Marriage Act, which prevents the federal government from recognizing gay marriages.