Same-Sex Marriage Ban Struck Down in Pennsylvania
PEREIRA: Well, @ THIS HOUR, same-sex couples in Pennsylvania could be hearing wedding bells. A federal judge has thrown out the state's ban on same-sex weddings, saying Americans are better people than these laws represent.</s>BERMAN: His ruling took effect immediately. The governor there is considering an appeal but the state's attorney general has said she will not challenge. So for now, add Pennsylvania to the list of states allowing same-sex couples to wed. The entire northeast, state after state. Our Jeffrey Toobin is here, an expert on all things legal and the courts and the Supreme Court, which matters here quite a great deal. You look at that map and you see state after state after state now. Is it inevitable that we will soon see a nationwide ruling?</s>JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: It is inevitable that the Supreme Court's going to have to deal with this sooner rather than later. I don't think it is inevitable what the result of that case will be. An amazing phenomenon. Since the Supreme Court struck down DOMA, the Defense of Marriage Act, last year, 14 judges have considered bans on same-sex marriage or recognizing same-sex marriages. All of them have struck down those bans. So clearly the federal judiciary is moving in the direction of strike down them all, but the Supreme Court has not spoken on the issue. I think the odds are at this point they will say same-sex marriage is constitutionally required but it's not a sure thing.</s>PEREIRA: The legal question still remaining, the infringeable right of gays to marry. Give us an idea of all ways going into that.</s>TOOBIN: Last year, the Supreme Court had the chance to decide this very issue. They had the Proposition 8 case out of California. Instead, they said, on procedural grounds, we just don't think this case is appropriate for our review. Clearly, at least one of these many cases that are now floating through the system will go to the Supreme Court and the court will have to address the very profound fundamental issue, is does the constitution guarantee gay people, as well as straight people, the right to get married. It is very likely to come down to the vote of Anthony Kennedy. Anthony Kennedy, generally a conservative vote, has been very pro gay rights. I think, given the momentum, it seems likely he would vote in favor of same-sex marriage. I've been burned on Supreme Court predictions before.</s>BERMAN: Never you. I want to talk about the momentum in historical terms. Roe v. Wade in the early '70s, a lot of pro-abortion activists say that ruling may have forced the country into something too soon. How is it different now with gay marriage? Did Anthony Kennedy give the country a chance in a way to catch up to the Supreme Court?</s>TOOBIN: That may be the case. Ruth Bader Ginsburg, the famous liberal on the Supreme Court, has said often that even show they supports abortion rights, that she thought the court went too far on roe versus wade. Should have let the states go first, not rule all at once. I think what we've seen in public opinion polls, the dramatic change in support for same-sex marriage, especially among younger people, all these states voting in favor of it. So many judges ruling in favor of it. That the court will be less worried about a backlash if they rule in favor of same-sex marriage than the backlash they did suffer about abortion after Roe v. Wade.</s>PEREIRA: You look at the momentum going state side, you're right, probably less of a backlash --</s>TOOBIN: I think what's so striking is you have not seen much of a big backlash. You've not seen a lot of anger at the courts.</s>PEREIRA: Jeff Toobin, thank you.</s>TOOBIN: Good to see you both.</s>BERMAN: Coming up, it's all fun and games until someone loses part of his body.</s>PEREIRA: Part of his body?</s>BERMAN: We'll tell you how a failed attempt to throw out a base runner ended in a fight and plastic surgery for one baseball player.