The U.S. Supreme Court will hear arguments of the two prominent cases
that could test the bounds of laws restricting gay marriage next month. No
matter the outcome, two facts alone make these cases historic: never before has
the Supreme Court heard such comprehensive, sweeping advocacy in favor of LGBT
people, and never before has the federal government been the advocate.
The first case will be argued March 26, involving a dispute over
California’s constitutional ban on gay marriage known as Proposition 8. The 9th
U.S. Circuit Court of Appeals earlier struck down that rule. The second case is
expected to be argued the following day. It is a challenge to part of the
federal Defense of Marriage Act. Lower courts have declared both DOMA and Proposition
8 unconstitutional.
The Obama Administration’s argument is that the 1996 “Defense of
Marriage Act” violates the U.S. Constitution in defining marriage as the legal
union between one man and one woman—specifically Section 3 of DOMA, which bars recognition
of same-sex marriages in the granting of federal benefits including Social
Security survivors’ benefits, immigration, insurance benefits for government
employees, and filing joint tax returns.
The law was passed by overwhelming bipartisan majorities in the House
and Senate and signed by President Bill Clinton. The Obama Administration broke
with its predecessors when it announced last year that it would no longer
defend the provision. Republicans in the House of Representatives directed by Speaker
John Boehner, stepped in to take up the defense of the law in court.
The Proposition 8 case could have the broadest implications. A
decision in favor of gay marriage could set a national rule and overturn every
state constitutional provision and law banning same-sex marriages. A ruling
that upholds California’s ban would be a setback for gay marriage proponents in
the nations largest state, although it would leave open the state-by-state
effort to allow gays and lesbians to marry.
President Obama’s position on gay marriage has “evolved” in its favor.
In his inaugural address last month, he said, “Our journey is not complete
until our gay brothers and sisters are treated like anyone else under the
law—for if we are truly created equal, then surely the love we commit to one
another must be equal as well.” His Administration will weigh in against
Proposition 8 as it has with DOMA.
Homosexual conduct has a history of being prosecuted as criminal in
the United States. Although same-sex marriages now are legally recognized in
nine states and the District of Columbia, many more states still have laws
aimed at gays and lesbians—including restrictions on the adoption of children,
banning gay marriage, and refusing legal benefits to same-sex couples.
Polls show a clear shift in public acceptance of same-sex marriage,
especially among under-30 Americans. 65-35% approve, according to a Quinnipiac
University Poll in December. For all age groups, Gallup puts the number at
53-46 % approval.
We will be watching anxiously while these cases’ arguments are being
heard by the U.S. Supreme Court. The fact alone that the Court will hear them
at this time is momentous and we can hope that the shifting attitudes about
same-sex marriage will be reflected in their opinions.
