Breaking: US Supreme Court to take up...

Breaking: US Supreme Court to take up same-sex marriage issue

Posted in the Minneapolis Forum

Bob Schmahl

Saint Paul, MN

#1 Dec 7, 2012
Breaking: US Supreme Court to take up same-sex marriage issue

Source: NBC News

The U.S. Supreme Court agreed Friday to take its first serious look at the issue of gay marriage, granting review of California's ban on same-sex marriage and of a federal law that defines marriage as only the legal union of a man and a woman.

At the very least, the court will look at this question: When states choose to permit the marriages of same-sex couples, can the federal government refuse to recognize their validity? But by also taking up the California case, the court could get to the more fundamental question of whether the states must permit marriages by gay people in the first place.

The California case involves a challenge to Proposition 8, a constitutional amendment approved by 52 percent of voters in 2008. It banned same-sex marriages in the state and went into effect after 18,000 couples were legally married earlier that year.

A federal judge declared the ban unconstitutional, and a federal appeals court upheld that ruling, though on narrower grounds that apply only to California. Now that the Supreme Court is wading into the battle, the justices could decide the more basic issue of whether any state can ban same-sex marriage under the Constitution's guarantee of equal protection of the law. Or they could limit their ruling to apply only to the ban in California.

Nine states and the District of Columbia have moved to permit same-sex marriage or soon will -- Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington.

The Supreme Court also agreed Friday to hear a challenge to the federal Defense of Marriage Act, known as DOMA, passed by overwhelming margins in both houses of Congress in 1996 and signed by President Clinton. A provision of the law specifies that, for federal purposes, "the word 'marriage' means only a legal union between one man and one woman as husband and wife."

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Olathe, KS

#2 Dec 7, 2012
I don't have much hope of the SCotUS striking down DOMA over a state rights issue. It was tried with medical marijuana and state level bans on corporate campaign funds and the SCotUS found that the supremacy clause means that the federal laws supersede state laws.
Bob Schmahl

Minneapolis, MN

#3 Dec 7, 2012
If ALL persons are created equal, a person should be able to marry any person they want, male or female.
Bob Schmahl

Minneapolis, MN

#4 Dec 7, 2012
The wingnuts are going to be very unhappy with the SCOTUS.

Duluth, MN

#5 Dec 8, 2012
Bob Schmahl wrote:
If ALL persons are created equal, a person should be able to marry any person they want, male or female.
As long as they decriminalize polygamy too, then its fair. Equal rights shouldn't mean selective equality for some groups and not others.
The Truth Squad

Cathedral City, CA

#6 Dec 8, 2012
Once you get past all the hubris and junk and get into the meat of all these Prop 8 and DOMA legislation cases the Supreme Court will end up examining these cases on the basis if they are in fact violations of the 14th Amendment. Every judicial body so far has ruled they in fact do violate the 14th. There are strong parallels to the civil rights cases of 50 years ago and even the women rights cases of earlier in the 20th Century. In every single one of these cases the US Supreme Court has ruled these kinds of discriminatory legislation are violations of the US Constitution.

Minneapolis, MN

#7 Dec 9, 2012
The odds are good that the Supreme Court will make gay marriage the law of the land.

Saint Paul, MN

#8 Dec 10, 2012
It's about time that all citizens have the same rights.

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