Same Sex Marriage Debate Goes to Supreme Court

26 Mar, 2013

WASHINGTON (AP) — The Supreme Court is wading into the fight over same-sex marriage at a time when public opinion is shifting rapidly in favor of permitting gay and lesbian couples to wed, but 40 states don’t allow it.

The court’s first major examination of gay rights in 10 years begins Tuesday with a hearing on California’s ban on same-sex marriage. On Wednesday, the justices will consider the federal law that prevents legally married gay couples from receiving a range of benefits afforded straight married Americans.

People have been waiting in line – even through light snow – since Thursday for coveted seats for the argument over California’s Proposition 8.

The two California couples challenging the voter-approved ban on same-sex marriage in the nation’s largest state are in Washington for the argument and are urging the justices to strike down not just the California provision, but constitutional amendments and statutes in every state that define marriage as the union of a man and a woman.

They envision the 21st century equivalent of the court’s 1967 decision in Loving v. Virginia that struck down state bans on interracial marriages.

The Obama administration has weighed in on behalf of the challengers, following President Barack Obama’s declaration of support for same-sex marriage last year and his invocation of gay rights at his inauguration in January.

Supporters of Proposition 8 say the court should respect the verdict of California voters who approved the ban in 2008 and let the fast-changing politics of gay marriage evolve on their own, through ballot measures and legislative action, not judicial decrees.

Same-sex marriage is legal in nine states and the District of Columbia. The states are Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington.

Thirty states ban same-sex marriage in their state constitutions, while ten states bar them under state laws. New Mexico law is silent on the issue.

Polls have shown increasing support in the country for gay marriage. According to a Pew Research Center poll conducted in mid-March, 49 percent of Americans now favor allowing gays and lesbians to marry legally, with 44 percent opposed.

The high-profile case has brought together onetime Supreme Court opponents. Republican Theodore Olson and Democrat David Boies are leading the legal team representing the same-sex couples. They argued against each other in the Bush v. Gore case that settled the disputed 2000 presidential election in favor of George W. Bush.

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