Top 10 Tech This Week






1. Here Comes the First Real Alternative to iPhone and Android


Jolla, a Finnish startup, launched a new mobile OS called Sailfish, which the company believes will become a legitimate alternative to the Coke and Pepsi of smartphone platforms: Apple’s iOS and Google’s Android. Learn more about the new OS.


Click here to view this gallery.






[More from Mashable: Jimmy Fallon and Mariah Carey Take on ‘All I Want For Christmas Is You’]


It’s been awhile since the big tech companies launched products in time for the holiday shopping season. So this week, tech news has mostly been filled with cool scientific developments and — of course — drones.


We learned about Swiss researchers who created an underwater drone that resembles a sea turtle, and a father who built a DIY drone to track his kid walking from home to the bus each morning.


[More from Mashable: News Corp. Kills ‘The Daily’]


This week, we also took a look at new innovations: One groups of scientists created the lightbulb of the future, and another team built the largest-ever model of a functioning brain.


There was also plenty of mobile news. Read up on a new Finnish mobile OS that aims to be the alternative to iOS and Android, and about a Casio watch that syncs with your iPhone.


For these stories and more, check out this week’s Top 10 Tech gallery, above.


This story originally published on Mashable here.


Wireless News Headlines – Yahoo! News


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Mick Jagger and Keith Richards to duet on “Letterman” Top 10












LOS ANGELES (TheWrap.com) – Mick Jagger and Keith Richards are no strangers to Top 10 lists, but now they’re poised to expand their knowledge of them beyond the music charts.


Rolling Stones leaders Jagger and Richards will appear on “Late Show With David Letterman” on Tuesday to deliver the Top Ten list for the night, CBS said Friday.












Though this will mark the first time that Jagger and Richards have appeared on “Letterman,” they’ve appeared on the stage of the Ed Sullivan Theater – where “Late Show” is taped – before. The Stones made numerous appearances on “The Ed Sullivan Show,” starting with their maiden performance on October 25, 1964.


The group is currently celebrating its 50th anniversary and recently released the greatest-hits anthology “GRRR!” They be in the area to play the Barclays Center in Brooklyn on Saturday, and at Newark’s Prudential Center on Thursday.


The group will also perform at the Hurricane Sandy benefit concert 12.12.12 – The Concert for Sandy Relief, which takes place Wednesday at Madison Square Garden. Other performers at the benefit will include Paul McCartney, the Who, Bruce Springsteen & the E Street Band, Billy Joel and Eric Clapton, among others.


Letterman has been rubbing shoulders with rock royalty lately – earlier this week, he was joined on his show by the surviving members of Led Zeppelin. Last weekend, Letterman and the group received Kennedy Center Honors.


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USDA to allow more meat, grains in school lunches












WASHINGTON (AP) — The Agriculture Department is responding to criticism over new school lunch rules by allowing more grains and meat in kids’ meals.


Agriculture Secretary Tom Vilsack told members of Congress in a letter Friday that the department will do away with daily and weekly limits of meats and grains. Several lawmakers wrote the department after the new rules went into effect in September saying kids aren’t getting enough to eat.












School administrators also complained, saying set maximums on grains and meats are too limiting as they try to plan daily meals.


“This flexibility is being provided to allow more time for the development of products that fit within the new standards while granting schools additional weekly menu planning options to help ensure that children receive a wholesome, nutritious meal every day of the week,” Vilsack said in a letter to Sen. John Hoeven, R-N.D.


The new guidelines were intended to address increasing childhood obesity levels. They set limits on calories and salt, and phase in more whole grains. Schools must offer at least one vegetable or fruit per meal. The department also dictated how much of certain food groups could be served.


While nutritionists and some parents have praised the new school lunch standards, others, including many conservative lawmakers, refer to them as government overreach. Yet many of those same lawmakers also have complained about hearing from constituents who say their kids are hungry at school.


Though broader calorie limits are still in place, the rules tweak will allow school lunch planners to use as many grains and as much meat as they want. In comments to USDA, many had said grains shouldn’t be limited because they are a part of so many meals, and that it was difficult to always find the right size of meat.


The new tweak doesn’t upset nutritionists who fought for the school lunch overhaul.


Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, says the change is minor and the new guidance shows that USDA will work with school nutrition officials and others who have concerns.


“It takes time to work out the kinks,” Wootan said. “This should show Congress that they don’t need to interfere legislatively.”


Congress has already interfered with the rules. Last year, after USDA first proposed the new guidelines, Congress prohibited USDA from limiting potatoes and French fries and allowed school lunchrooms to continue counting tomato paste on pizza as a vegetable.


The school lunch rules apply to federally subsidized lunches served to low-income children. Those meals have always been subject to nutritional guidelines because they are partially paid for by the federal government, but the new rules put broader restrictions on what could be served as childhood obesity rates have skyrocketed.


School kids can still buy additional foods in other parts of the lunchroom and the school. Congress two years ago directed USDA to regulate those foods as well, but the department has yet to issue those rules.


Sen. Hoeven, who had written Vilsack to express concern about the rules, said he will be supportive of the meals overhaul if the USDA continues to be flexible when problems arise.


“This is an important step,” he said. “They are responding and that’s what they need to do.”


Health News Headlines – Yahoo! News


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Anger at Australian radio station over royal hoax












LONDON (AP) — It started out as a joke, but ended in tragedy.


The sudden death of a nurse who unwittingly accepted a prank call to a London hospital about Prince William‘s pregnant wife Kate has shocked Britain and Australia, and sparked an angry backlash Saturday from some who argue the DJs who carried out the hoax should be held responsible.












At first, the call by two irreverent Australian DJs posing as royals was picked up by news outlets around the world as an amusing anecdote about the royal pregnancy. Some complained about the invasion of privacy, the hospital was embarrassed, and the radio presenters sheepishly apologized.


But the prank took a dark twist Friday with the death of nurse Jacintha Saldanha, a 46-year-old mother of two, three days after she took the hoax call. Police have not yet determined Saldanha‘s cause of death, but people from London to Sydney have been making the assumption that she died because of stress from the call.


King Edward VII’s Hospital, where the former Kate Middleton was being treated for acute morning sickness this week, wrote a strongly-worded letter to the 2DayFM radio station’s parent company Southern Cross Austereo, condemning the “truly appalling” hoax and urging it to take steps to ensure such an incident would never happen again.


“The immediate consequence of these premeditated and ill-considered actions was the humiliation of two dedicated and caring nurses who were simply doing their job tending to their patients,” the letter read. “The longer term consequence has been reported around the world and is, frankly, tragic beyond words.”


The hospital did not comment when asked whether it believed the prank call had directly caused Saldanha’s death, only saying that the protest letter spoke for itself.


DJs Mel Grieg and Michael Christian, who apologized for the prank on Tuesday, took down their Twitter accounts after they were bombarded by thousands of abusive comments. Rhys Holleran, CEO of Southern Cross Austereo, said the pair have been offered counseling and were taken off the air indefinitely.


No one could have foreseen the tragic consequences of the prank, he stressed.


“I spoke to both presenters early this morning and it’s fair to say they’re completely shattered,” Holleran told reporters on Saturday.


“These people aren’t machines, they’re human beings,” he said. “We’re all affected by this.”


Details about Saldanha have been trickling out since the duty nurse’s body was found at apartments provided by the private hospital, which has treated a line of royals before, including Prince Philip, who was hospitalized there for a bladder infection in June.


The nurse, who was originally from India, had lived with her partner Benedict Barboza and a teenage son and daughter in Bristol, in southwestern England, for the past nine years. The hospital praised her as a “first-class nurse” who was well-respected and popular among colleagues during her four years working there.


Just before dawn on Tuesday, Saldanha was looking after her patients when the phone rang. A woman pretending to be Queen Elizabeth II asked to speak to the duchess, and, believing the caller, Saldanha transferred the call to a fellow nurse caring for the duchess, who spoke to the two DJs about Kate’s condition live on air.


During the call — which was put online and later broadcast on news channels worldwide — Grieg mimicked the Britain’s monarch’s voice and asked about the duchess’ health. She was told Kate “hasn’t had any retching with me and she’s been sleeping on and off.” Grieg and Christian, who pretended to be Prince Charles, also discussed with the nurse when they could travel to the hospital to check in on Kate.


Three days later, officers responding to reports that a woman was found unconscious discovered Saldanha, who was pronounced dead at the scene. Police didn’t release a cause of death, but said they didn’t find anything suspicious. A coroner will make a determination on the cause.


In the aftermath of Saldanha’s death, some speculated about whether the nurse was subject to pressure to resign or about to be punished for the mistake. Royal officials said Prince William and Kate were “deeply saddened,” but insisted that the palace had not complained about the hoax. King Edward VII’s Hospital also maintained that it did not reprimand Saldanha.


“We did not discipline the nurse in question. There were no plans to discipline her,” a hospital spokesman said. He declined to provide further details, and did not respond to questions about the second nurse’s condition.


The Australian Communications and Media Authority, which regulates radio broadcasting, said it has received complaints about the prank and is discussing the matter with the Sydney-based station, which yanked its Facebook page after it received thousands of angry comments.


Holleran, the radio executive, would not say who came up with the idea for the call. He only said that “these things are often done collaboratively.” He said 2DayFM would work with authorities, but was confident the station hadn’t broken any laws, noting that prank calls in radio have been happening “for decades.”


The station has a history of controversy, including a series of “Heartless Hotline” shows in which disadvantage people were offered a prize that could be taken away from them by listeners.


Saldanha’s family asked for privacy in a brief statement issued through London police.


Flowers were left outside the hospital’s nurse’s apartments, with one note reading: “Dear Jacintha, our thoughts are with you and your family. From all your fellow nurses, we bless your soul. God bless.”


Officials from St. James’s Palace have said the duchess is not yet 12 weeks pregnant. The child would be the first for her and William.


Europe News Headlines – Yahoo! News


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Egypt terror leader possibly linked to Benghazi attack arrested


Dec 8, 2012 2:16pm







ap benghazi US consulate attack jt 121020 wblog Egypt Terror Leader Possibly Linked to Benghazi Attack Arrested

Mohammad Hannon/AP Photo


The leader of an Egyptian terrorist cell that planned attacks in Egypt and may be linked with the storming of the U.S. consulate in Benghazi, Libya on Sept. 11 has been arrested by Egyptian intelligence officers, according to an official close to Egypt’s intelligence agency and a senior U.S. official.


Mohammad Jamal Abdo Ahmed had become one of Egypt’s most dangerous terrorists and led a small cell of Egyptians that collected suicide vests, bombs and grenades before their Cairo safe house was raided by intelligence officials in late October, according to the U.S. official.


PHOTOS: Benghazi: US Consulate Attack Aftermath


Most of the cell’s targets were Egyptian, but both the U.S. and Egyptian officials said Ahmed admitted to traveling to Libya and assisting Ansar al Sharia, which U.S. officials suspect organized the attack on the consulate that killed U.S. Ambassador to Libya Chris Stevens.


READ: More on the Political Fallout From the Benghazi Attack


Until now, neither the United States nor Egypt has determined exactly what role Ahmed played in the attack in eastern Libya, according to both officials.


Ahmed may have also been planning attacks on U.S. targets in Egypt and neighboring countries, the U.S. official said, and had aspirations to join al Qaeda.


Ahmed, who is Egyptian, was arrested two weeks ago in eastern Egypt in the Sharqiyah province, the Egyptian official said.


Egyptian officials continue to question him and he will remain in custody for another 15 days, according to the Egyptian official.


His arrest was first reported by the Wall Street Journal.


READ: Four Americans Slain in Libya ‘Come Home’



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Are Online Degrees as Valuable as Traditional College Diplomas?












Millennials are the first generation to grow up with constant technology and personal computers. That might explain why they see such a value in online education.


A recent poll by Northeastern University showed that 18 to 29 year olds had a more negative view about attending college because of the high cost, and a more positive opinion about online classes than their older counterparts. The survey also showed more than half of the millennials had taken an online course.












Online education is attracting hundreds of thousands of students a year. Perhaps this is why more brick-and-mortar universities are searching for an online identity.


This week Wellesley College announced that it will offer free online classes to anyone with an Internet connection as part of the nonprofit project edX. Earlier this year, Harvard University and Massachusetts Institute of Technology teamed up to fund and launch the online platform.


More: Harvard and MIT Want to Educate You for Free


Online education was even the talk in Washington this week when a group of panelists convened to discuss Massive Open Online Courses (MOOC), which is an open source network like edX. These courses are very much like correspondence classes in the early 20th century.


But there are still those universities that only exist in a virtual world and students pay to attend. Are they as beneficial to students as attending a two- or four-year college?


“It depends at what level and what subject,” says Isabelle Frank, dean of Fordham College of Liberal Studies. “In general, fully online degrees are not valued as highly as degrees from brick-and-mortar institutions. This is because online-only universities do not have the faculty quality and interaction that occurs with full-time faculty and secure positions.”


She says that Fordham has online master programs and some online courses, but the model is “that of a small seminar style class with a lot of faculty feedback and involvement.”


Just like a physical college, a quality online education depends on the institution.


For example, students at Arizona State University’s W. P. Carey School of Business take online classes and communicate with other students around the world—something students 25 years ago couldn’t have dreamed of doing.


“This affords the opportunity to learn leadership, team-building and managerial skills by solving problems and coordinating efforts for projects through the process of establishing real-time meetings, coordinating time zones and dealing with potential language issues,” Sher Downing, executive director of online academic services at the W. P. Carey School of Business at Arizona State University, said. “This value cannot be mirrored as easily in a traditional classroom, and for many companies with offices located around the world, this is a valuable skill, when the workforce is required to handle these types of situations.”


Downing said that students can save money by taking online classes because they no longer have to commute, live on or near a campus or relocate.


The millennials surveyed by Northeastern University are keen to take online courses. In fact, nine in 10 said online classes should be used as a tool and mixed with other teaching methods. The poll also found that students want flex­i­bility, which is exactly what online colleges offer.


Employers may not yet see an online degree in the same light as a traditional university but that is likely to change in the near future. It may just be that millennials, who don’t want to go in debt for an education like some of their parents did, are just a bit ahead of educators and employers.


Related Stories on TakePart:


• Top Universities Want You to Take Free Online Classes in Your Pajamas


• Military Gives ‘F’ to Online Diplomas


• 2012 List: The Most Expensive Colleges in America



Suzi Parker is an Arkansas-based political and cultural journalist whose work frequently appears in The Washington Post and The Christian Science Monitor. She is the author of two books. @SuziParker | TakePart.com 


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“American Idol” producer Nigel Lythgoe signs with Shine America












LOS ANGELES (TheWrap.com) – “American Idol” and “So You Think You Can Dance” executive producer Nigel Lythgoe has entered a multi-year production deal with Shine America.


Under the exclusive deal between Nigel Lythgoe Productions and Shine, Lythgoe will jointly develop and produce entertainment franchises for the global television marketplace with the Shine Group, Shine America CEO Rich Ross said Thursday.












Nigel Lythgoe Productions will continue to be based in Los Angeles. The agreement begins January 1, 2013.


“I am thrilled to be teaming up with Shine to develop new shows for a global audience,” Lythgoe said. “We live in one world and need to create content for that market. I cannot think of a more exciting company to partner with in order to face that challenge.”


“Nigel is clearly one of the world’s leading television producers, with an un-matched track record in TV programming both here in the U.S. and in the UK,” Ross added. “We are thrilled to welcome Nigel and his team to the Shine family and we look forward to developing the next wave of entertainment franchises together.”


Shine America, the U.S. arm of the Shine Group, the production company chaired by Rupert Murdoch‘s daughter Elisabeth Murdoch, produces and distributes a variety of scripted and unscripted programs. Past and current shows include “The Biggest Loser,” “The Office,” “Ugly Betty,” “Tabatha Takes Over,” and adaptations of Shine Group formats “MasterChef” and “Minute to Win It.”


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Should breast cancer patients skip the pre-op MRI?












NEW YORK (Reuters Health) – A new review of existing evidence suggests that using magnetic resonance imaging to “stage” a woman’s breast cancer before surgery might do more harm than good.


MRI produces a much clearer image than X-rays and ultrasound, and is recommended for detecting early tumors in women at increased risk for breast cancer. But routinely using the technology once any woman is diagnosed with a tumor may lead to more radical surgery without any benefits, says a team of Australian and U.S. researchers.












They found that about 26 percent of women who had a pre-operative MRI to help determine the extent and severity of their tumor ended up having their entire breast removed, compared to about 18 percent of those whose surgeons only used traditional methods of characterizing the cancer.


“I wasn’t surprised by the results at all. What I am surprised by was the strength of the data,” said Dr. Monica Morrow, the study’s senior author and the chief of breast service at Memorial Sloan-Kettering Cancer Center in New York.


Because MRIs are more sensitive than mammograms, some doctors think they are a good tool for identifying the precise outlines of cancerous tissue. Others, however, have begun to question whether the imaging led surgeons to remove more breast tissue than necessary.


Moreover, women who have MRIs before breast surgery seem to be no less likely to need a second surgery to remove additional cancerous tissue.


A study published in September, for instance, found that among more than 300 women who underwent breast cancer surgery, just as many of those who had an MRI before the first surgery ended up having a repeat operation. (see Reuters Health article of September 25, 2012 here: http://reut.rs/Oogm3c)


An MRI can also add more than $ 1,000 to a patient’s bill.


“I think more surgeons are starting to question this because they’re seeing the outcomes,” Morrow said.


For the new study, she and her colleagues pulled together data from nine previous studies to see if MRIs influenced the number of women who had their breast removed or who had a second surgery to remove additional cancer.


From the nine studies, the researchers had information on 3,112 women who had breast cancer surgery.


Overall, the team found that about 16 percent of the women who had an MRI ended up having the entire cancerous breast removed, known as a mastectomy, during their first surgery. That’s compared to about 8 percent of women who did not have an MRI.


They also found that having an MRI before surgery did not influence whether women would need additional surgery to remove more tissue. In each group, between 11 percent and 12 percent had to go back under the knife.


After taking into account the women’s initial surgery and the second operations, the researchers calculated that about 26 percent of those who had an MRI ended up having their entire breast removed, compared to 18 percent in the no-MRI group.


“It causes more mastectomies to start with, but it doesn’t decrease the number of women who started out wanting a lumpectomy and needing a mastectomy,” said Morrow of preoperative MRIs.


The study did not look at long term outcomes, including how many women survived beyond five years. Nor did it examine the use of MRI to screen the opposite breast for signs that cancer had spread, the researchers note in their report, which is published in the Annals of Surgery.


These results do not apply to certain subgroups of patients, they add, including women with genetic mutations that predispose them to cancer and those whose other diagnostic tests produced conflicting results.


But based on the short term measures of how many surgeries women got and how much tissue surgeons removed from them, Morrow told Reuters Health that MRIs do not seem to have a place in breast cancer surgery.


“There may be select circumstances where we’d use it to solve a problem, but for most women with breast cancer they don’t need an MRI for their evaluation,” she said.


SOURCE: http://bit.ly/RdZNIw Annals of Surgery, online November 26, 2012.


(This story was refiles to change “woman” to “women” in second paragraph.)


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Protesters surge around Egypt’s presidential palace












CAIRO (Reuters) – Tens of thousands of Egyptian protesters surged around the presidential palace on Friday and the opposition rejected President Mohamed Mursi‘s call for dialogue to end a crisis that has polarized the nation and sparked deadly clashes.


The Islamist leader’s deputy said he could delay a December 15 referendum on a constitution that liberals opposed, although the concession only partly meets a list of opposition demands that include scrapping a decree that expanded Mursi‘s powers.












“The people want the downfall of the regime” and “Leave, leave,” crowds chanted after bursting through barbed wire barricades and climbing on tanks guarding the palace of Egypt‘s first freely elected president.


Their slogans echoed those used in a popular revolt that toppled Mursi’s predecessor Hosni Mubarak in February 2011.


Vice President Mahmoud Mekky said in a statement sent to local media that the president was prepared to postpone the referendum if that could be done without legal challenge.


The dialogue meeting was expected to go ahead on Saturday in the absence of most opposition factions. “Tomorrow everything will be on the table,” a presidential source said of the talks.


The opposition has demanded that Mursi rescind a November 22 decree giving himself wide powers and delay the vote set for December 15 on a constitution drafted by an Islamist-led assembly which they say fails to meet the aspirations of all Egyptians.


The state news agency reported that the election committee had postponed the start of voting for Egyptians abroad until Wednesday, instead of Saturday as planned. It did not say whether this would affect the timing of voting in Egypt.


Ahmed Said, leader of the liberal Free Egyptians Party, told Reuters that delaying expatriate voting was made to seem like a concession but would not change the opposition’s stance.


He said the core opposition demand was to freeze Mursi’s decree and “to reconsider the formation and structure of the constituent assembly”, not simply to postpone the referendum.


The opposition organized marches converging on the palace which elite Republican Guard units had ringed with tanks and barbed wire on Thursday after violence between supporters and opponents of Mursi killed seven people and wounded 350.


Islamists, who had obeyed a military order for demonstrators to leave the palace environs, held funerals on Friday at Cairo’s al-Azhar mosque for six Mursi partisans who were among the dead. “With our blood and souls, we sacrifice to Islam,” they chanted.


“ARM-TWISTING”


In a speech late on Thursday, Mursi had refused to retract his November 22 decree or cancel the referendum on the constitution, but offered talks on the way forward after the referendum.


The National Salvation Front, the main opposition coalition, said it would not join the dialogue. The Front’s coordinator, Mohamed ElBaradei, a Nobel peace laureate, dismissed the offer as “arm-twisting and imposition of a fait accompli”.


Murad Ali, spokesman of the Brotherhood’s Freedom and Justice Party (FJP), said opposition reactions were sad: “What exit to this crisis do they have other than dialogue?” he asked.


Mursi’s decree giving himself extra powers sparked the worst political crisis since he took office in June and set off renewed unrest that is dimming Egypt’s hopes of stability and economic recovery after nearly two years of turmoil following the overthrow of Mubarak, a military-backed strongman.


The turmoil has exposed contrasting visions for Egypt, one held by Islamists, who were suppressed for decades by the army, and another by their rivals, who fear religious conservatives want to squeeze out other voices and restrict social freedoms.


Caught in the middle are many of Egypt’s 83 million people who are desperate for an end to political turbulence threatening their precarious livelihoods in an economy under severe strain.


“We are so tired, by God,” said Mohamed Ali, a laborer. “I did not vote for Mursi nor anyone else. I only care about bringing food to my family, but I haven’t had work for a week.”


ECONOMIC PAIN


A long political standoff will make it harder for Mursi’s government to tackle the crushing budget deficit and stave off a balance of payments crisis. Austerity measures, especially cuts in costly fuel subsidies, seem inevitable to meet the terms of a $ 4.8-billion IMF loan that Egypt hopes to clinch this month.


U.S. President Barack Obama told Mursi on Thursday of his “deep concern” about casualties in this week’s clashes and said “dialogue should occur without preconditions”.


The upheaval in the most populous Arab nation worries the United States, which has given billions of dollars in military and other aid since Egypt made peace with Israel in 1979.


The conflict between Islamists and opponents who each believe the other is twisting the democratic rules to thwart them has poisoned the political atmosphere in Egypt.


The Muslim Brotherhood’s spokesman, Mahmoud Ghozlan, told Reuters that if the opposition shunned the dialogue “it shows that their intention is to remove Mursi from the presidency and not to cancel the decree or the constitution as they claim”.


Ayman Mohamed, 29, a protester at the palace, said Mursi should scrap the draft constitution and heed popular demands.


“He is the president of the republic. He can’t just work for the Muslim Brotherhood,” Mohamed said of the eight-decade-old Islamist movement that propelled Mursi from obscurity to power.


(Additional reporting by Omar Fahmy; Writing by Edmund Blair and Alistair Lyon; Editing by Giles Elgood)


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High court to hear key gay-marriage cases


A same sex marriage supporter waves a gay pride flag outside the Supreme Court (Chip Somodevilla/Getty Images)


The Supreme Court announced on Friday that it will decide two major gay marriage cases next year that could have a sweeping effect on the rights of same-sex couples to wed. The cases, which likely won't be decided until June, mark the first time the justices will consider arguments for and against same-sex marriage.


The court will review California's gay marriage ban, which passed in a 2008 ballot initiative months after California's high court had legalized same-sex unions and thousands of gay Californians had already tied the knot. Two federal courts have struck down Proposition 8 as discriminatory, leaving the Supreme Court to render a final judgment.


The justices will also hear a challenge to the federal Defense of Marriage Act, a law passed under President Bill Clinton that prevents the federal government from recognizing gay marriages. Windsor v. United States was brought by Edith Windsor, a resident of New York who paid $363,000 in estate taxes after her wife died because the federal government did not recognize their marriage. New York is one of nine states (and the District of Columbia) where gay marriage is legal, so Windsor argues that the federal government is discriminating against her by not recognizing her state-sanctioned marriage.


The Obama administration decided last year to no longer defend DOMA, so Congress has hired outside counsel to argue on behalf of the law. Recently, two federal appeals courts had struck down the law as unconstitutional, virtually requiring the Supreme Court to take the case to settle the dispute between the courts and Congress.


Legal experts are skeptical that the court would deliver a sweeping ruling deciding whether all Americans, regardless of sexual orientation, have a fundamental right to marry in the DOMA case. It's more likely they will narrowly decide whether the federal government has a legitimate interest in refusing to recognize same-sex couples who wed in states where gay marriage is legal. (Marriage has traditionally been regulated by the states.)


In the Proposition 8 case, justices may decide whether a ban on gay marriage is legal in the specific case of California, where gay couples were allowed to marry for several months before the ban passed. Such a narrow decision would not necessarily affect gay marriage bans that have passed in dozens of other states where same-sex marriage was never legal in the first place.


But it's possible the justices could make a broader ruling on Prop 8. Ted Olson, a former U.S. solicitor general under President George W. Bush  and one of the lead attorneys in the battle against Proposition 8, told reporters on Friday that he planned to argue that there's a "fundamental constitutional right to marry for all citizens." His co-counsel, David Boies, called same-sex marriage the civil rights issue of this era. If the justices accept this argument, states could no longer ban gay marriage, dealing the anti-gay marriage movement a fatal blow. If they reject the argument, it would shut down legal challenges to state marriage bans and significantly set back the movement to expand same-sex marriage rights.


John Eastman, the chair for the anti-gay marriage National Organization for Marriage, said in a statement that he thinks the Supreme Court will uphold Proposition 8 and DOMA. "We believe the U.S. Supreme Court will overturn this exercise in judicial activism and stop federal judges from legislating from the bench on the definition of marriage," Eastman said.


For both cases, court-watchers will have their eyes trained firmly on swing Justice Anthony Kennedy, who has a record of ruling in favor of gay rights. In 2003, Kennedy wrote the court's opinion in Lawrence v. Texas, a landmark decision that said the government cannot outlaw anal sex between consenting adults, whatever their sexual orientation. ("The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons," he wrote.) Kennedy also cast the deciding vote striking down a Colorado law that would have prevented local governments from passing laws specifically protecting gay civil rights.


Because of Kennedy's history on the issue, many legal experts think there's a good chance the court will strike down DOMA, with Kennedy joining the court's four liberals for the decision. But the workings of the Supreme Court are notoriously hard to predict, and it's still a complete mystery what the nine justices will decide in June.



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