The Adventist Review shares the following world news from Religion News Service as a service to readers. Opinions expressed in these reports do not necessarily reflect the opinions of the Review or the Seventh-day Adventist Church. -- Editors

Both Sides Brace for Supreme
Court Battle on Gay Marriage


BY RICHARD WOLF                                                                                        ©2012 Religion News Service

The Supreme Court's decision to take up the explosive issue of same-sex marriage will thrust the high court into a policy debate that has divided federal and state governments and courts, as well as voters in nearly 40 states.

The court's agreement to hear challenges to the federal Defense of Marriage Act and California's Proposition 8 ban on same-sex marriage moves the issue to the top of the national agenda following a year in which advocates scored major legal and political victories.

The court likely will hear the cases in March and rule by late June on a series of questions, potentially including one of the most basic: Can states ban gay marriage, or does the Constitution protect that right for all couples? It also will decide whether gay and lesbian married couples can be denied federal benefits received by opposite-sex spouses.

Any decisions will make history on an issue that has divided the nation for decades. Nine states and the District of Columbia now permit same-sex marriages, and a decision against California's Prop 8 ban would add the 10th and largest state.

A ruling against the 1996 federal law could lead to a spike in gay marriages in all those states. Several more states are likely to consider allowing same-sex marriages in 2013.

While a ruling in the California case could be confined to that state, it holds the most potential for a sweeping national precedent. If Prop 8 is overthrown on constitutional grounds, it could impact some 31 other state bans on gay marriage as well.

"It's been our belief all along that the ultimate fate of Proposition 8 will be in the hands of the Supreme Court," said Andrew Pugno, general counsel for the advocacy group ProtectMarriage, which sought the high court's intervention.

"I fully believe that this court's going to come down on the side of freedom and equality," said Chad Griffin, president of the Human Rights Campaign, which fights for gay, lesbian, bisexual, and transgender rights.

The state Supreme Court cleared the way for gay marriages in California four years ago, and about 18,000 couples quickly took advantage. The voter initiative that passed several months later, however, has blocked more nuptials pending the completion of court action.

The original lawsuit against Proposition 8, filed by a gay couple and a lesbian couple who seek to marry, has racked up two lower court victories. The district court said the law violated the Constitution's equal protection clause because it was "premised on the belief that same-sex couples simply are not as good as opposite-sex couples." The appeals court ruled more narrowly that voters could not take away a right that gays and lesbians previously enjoyed.

Yet even if the Supreme Court sides with gays and lesbians, opponents of same-sex marriage say it won't end the debate. "The majority of Americans who have voted to protect marriage as the unity of a man and a woman are never going to go away," said Brian Brown, president of the National Organization for Marriage. A Supreme Court ruling in favor of same-sex marriage, he said, "would launch a national culture war."
 





Copyright © 2017, Adventist Review. All rights reserved worldwide. Online Editor: Carlos Medley.
SiteMap. Powered by SimpleUpdates.com © 2002-2017. User Login / Customize.