This morning during the Senate hearings on the confirmation of Judge Sotomayor to the Supreme Court, the issue of marriage equality came up again.
Senator Lindsey Graham (R-SC) referred to the public policy exception of the "full faith and credit clause" in the constitution, which has bearing on how states treat marriage and asked Sotomayor if she understood its implications, saying "The reason these speeches matter and the reasons elections matter is because people now understand the role of the court in modern society when it comes to social change."
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Senator John Cornyn (R-TX) asked, "If the Supreme Court in the next few years holds that there is a constitutional right to same-sex marriage, would that be making the law or interpreting the law?"
Sotomayor replies that Cornyn's question is basically a set-up and says that she would come to the issue with a completely open mind.