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December 7, 2012
Supreme Court Will Enter Same-Sex Marriage Fray
Rulings on constitutionality of California's Proposition 8 and Defense of Marriage Act likely to come in March 2013.
The Supreme Court announced today that it will hear two cases regarding same-sex marriage.
After deferring the decision for nearly two weeks, the Court announced that it will review the constitutionality of both California's Proposition 8, a 2008 voter-approved ban on gay marriage, and the 1996 Defense of Marriage Act (DOMA).
The Proposition 8 case appeals a lower court ruling that narrowly struck down the same-sex marriage ban. Earlier Friday, the New York Times reported that "the California case has the potential to establish a right to same-sex marriage, effectively striking down the bans on such marriages in 39 states. The Defense of Marriage Act case, no matter the result, would be more likely to let those laws stand."
The DOMA case asks the Court to decide whether or not Congress can limit federal benefits to legally married same-sex couples.
The decision has been long awaited by activists on both sides of the same-sex marriage issue. According to Lyle Denniston of SCOTUSBlog, "It is obvious now why the Court took as much time as it did: the selection process must have been rather challenging, and the composition of the final orders equally so. The Court, one might say in summary, has agreed to take up virtually all of the key issues about same-sex marriage, but has given itself a way to avoid final decisions on the merits issues."
Denniston also said that the Court likely will hear oral arguments in the marriage cases in the March sitting between March 18 and 27.
The Court's orders on marriage deal only with the Proposition 8 and DOMA petitions. The orders do not mention a recently filed case asking the Court to review a challenge to Nevada's same-sex marriage ban.
Same-sex marriage currently is legal in nine states, as well as five states that permit civil unions and three allowing domestic partnerships. Data from new polls also indicates that support for same-sex marriage is on the rise.
CT previously reported that Proposition 8 was likely headed to the Supreme Court and how evangelical public opinion on same-sex marriage has shifted. CT staff also weighed in on the issue in a July editorial.
Comments
Marriage is a civil institution represented by a legal license from the state -- and is thus subject to the Constitution guaranteeing equal treatment under the law. Marriage -- the legal kind -- has nothing to do with religious spectacles or rituals.
Posted By: Kathleen | December 7, 2012 5:30 PM
Sexual preference is not a protected class therefore not covered under the 14th amendment.
Posted By: Frank | December 8, 2012 11:50 AM
If that is the case, Kathleen, then you won't mind if weird Al marries his german shepherd.
Posted By: Dan | December 8, 2012 12:30 PM
Dan, a German Shepherd is an animal, not a consenting adult. Animals aren't guaranteed equal treatment under the law -- human beings are.
Posted By: Sam | December 8, 2012 2:04 PM
Anyone who spends time in the Bible knows where this country and the rest of the world are headed. God clearly foretold the events that would unfold during the end times here on earth. I understand what we want is for people in society to see and call sin by its name; however, we live in a time where God's Word is no longer valid to many and people want and will do whatever their hearts desires regardless of what God states. What’s even more disturbing is many people who call themselves Christians are giving in and trying to water down the Word of God in order to fulfill their hearts desires. Read 2 Tim 3:1-9 and 2 Tim 4:3-5. There are many more verses in the Bible; however, people just refuse to read and accept God’s word as the only and final authority. Come Lord Jesus come and purify this earth of all evil and filth. As the Bible states, “The Lord is not slow in keeping his promise, as some understand slowness. He is patient with you, not wanting anyone to perish, but everyone to come to repentance” (2 Peter 3). If people call ourselves Christians, then we are to be Christlike. To be Christlike is to do His will not ours. Very simple very clear! Who will you serve, God or the father of lies (Satan)? Your choice, 15. But if serving the Lord seems undesirable to you, then choose for yourselves this day whom you will serve, whether the gods your ancestors served beyond the Euphrates, or the gods of the Amorites, in whose land you are living. But as for me and my household, we will serve the Lord.” Joshua 24:15.
Posted By: JesseNOTW | December 9, 2012 1:15 PM
12 years ago I began refusing to serve willingly on any jury. SCOTUS decisions for 40 years have been an insult to our ethic. We have summarily been dismissed from the system. Without insult to court officers and with respect for their positions, Christians do have grounds to protest peacefully against the flood of insults we are receiving. I will not go quietly into the night as though my ethics are a harm to the country now run by anti Christian antagonists and their secular atheist friends. John Adams circa 1785, "Our Constitution was made for a religious and moral people (Judeo Christian) and is wholly inadequate for any other".
Posted By: popseal | December 10, 2012 8:07 PM
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