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Gay Marriage to be Reviewed in Supreme Court
The Defense of
Marriage Act, a.k.a. DOMA, signed into law by Bill Clinton in 1996, will also
be reviewed. The law states that the definition of marriage pertains to legal
union of a man and woman. Because of the law, same-sex marriages that have
been performed in states where it is legal are not recognized under the
federal government, meaning that they do not have access to certain federal
benefits.
State lawsuits
that have been filed against DOMA and the Obama Administration believe that the
law denies equal protection under the Constitution. If the Supreme Court deems
DOMA unconstitutional, that means same-sex marriages need to be recognized by the federal government but
only in the states that have legalized it. The decision is expected to be finalized
in June of next year.
8 comments:
"The End of the Gay/Lesbian Argument?"
Definition of gay marriage: a civil union between two persons of the same sex or gender.
Well, it was obvious from the start that this confrontation was going to be inevitable. Personally, I think it's about time that the Supreme Court got involved in this debate because neither side was about to give up (as seen in the DOMA and Prop. 8 conflicts). Needless to say, I am also certain that a LOT of people are going to become outraged regardless of which side wins.
During the founding of the United States of America, the generally Christian majority rendered this a non-issue. As the USA has become more and more diverse due to immigration and other outside factors, there has been an increase in support for gay marriage. Looking at the polls, the two sides are approximately even (though polls also show that gay support has increased through the years). Research reveals that gay support generally comes from younger and more educated populations.
Since this should be all and done by June, we the people will probably have to deal with loads of media attention on this decision until then. I predict that, regardless of which side wins, the losing side will not give up and will continue fighting the decision, in the hope that it can be reversed.
Regardless of how the media will try to portray this SC decision as an ultimate showdown of ultimate destiny, this will probably not end the debate as long as there is a passionately devoted side that argues against the court ruling. Since gay marriage will only be recognized by legalized states if the pro-gay side wins, this might not have as much as an effect on states that are strongly supportive of one side and will have more of an effect on closely divided states. These maps are good references to turn to.
In conclusion, this controversial debate will face a major turning point (but probably not the end) in the following SC ruling. Maybe this isn't the "best time" to be bringing up this issue while we are facing a fiscal cliff crisis and Egypt power graps, but it is here. Some sources say the judges seem to be leaning toward overturning DOMA, but this is variable as many also expected the SC to overturn Obamacare. In the end, we can only hope that the judges will come to the correct decision. It is hard to find a good quote on this issue without bias leaking out, but Jodi Picoult once said: "Gay rights is not something most of us think about - because most of us happen to have been born straight."
I heard about these court cases and was happy to hear they are finally going to be heard in Supreme Court. It is high time that the nation brings this up as a federal issue and this could mean big changes for the country. Although there is still a ways to go as far as overall decisions, there is a trend towards states legalizing gay marriage. Hopefully the turnout will result in legalizing gay marriage for the whole nation, which would be a big step forward for us especially on this issue.
Like Matthew, I believe in the ignorance and utterly stubborn attitude of some people. Some people being the anti-gay marriage side. Yes, I'm quite bias. Actually, I believe it only gets better. Though there will be initial backlash, it will not last. Discrimination against gays will become virtually extinct, I think, given an ample amount of time. As Matthew has said, the majority of gay support comes from the younger, more educated people and assuming they'll eventually take the affluent roles the older population will pass on when they die (sort of blunt, yes), that their own children will have the same ideology, and that our populations are getting more educated, my prediction will hold true.
A supreme court ruling ruling that DOMA is unconstitutional would have a significant effect on the nation; it would be a big win for gay rights activists, because the implications of this ruling declaring DOMA unconstitutional would be monumental. I think it'd be logical (actually, maybe not really sort of) to mandate all states to recognize gay marriages given the reason that the federal government deemed DOMA unconstitutional. However, in such a divided nation as ours, these inconsistencies (that the federal government can recognize gay marriages only in states that have legalized it and not in those that haven't even though federal law is usually dominant, although, some may argue not in areas including marriage) are bound to happen.
I think this will be a great first step toward the legalization of same-sex marriage nationwide. While this decision may only make gay marriage federally recognized in some states, I believe that the other states will follow suit, having federal support in favor of legalization. I say this because I am confident that the Supreme Court will rule in favor of same-sex marriage, being that preventing it is so obviously denying citizens equal protection under the law. However, I do foresee a lot of backlash. Living in the Bay Area, it is sometimes hard to imagine the mindsets toward this subject people have in less liberal parts of the country, but I know that with education on this subject, acceptance of same-sex marriage can grow to become the norm. Now that Obama is in is not worried about reelection, I think he is the perfect official to lead the federal government toward national marriage equality.
I think DOMA and Proposition Eight's constitutionality heavily rely on what rights gay and lesbian couples are being deprived of that straight couples take for granted. For example, in New York, the government lists that same-sex and straight married couples receive many of the following: state tax benefits, insurance benefits, health care and family leave, inheritance, property ownership and transfer rights, etc.(http://www.nyclu.org/marriageFAQ) If the supreme court rules that the current laws don't offer these "equal" rights to all couples, then I believe that the country could then finally take a step in legalizing gay marriage in more states.
As Jessica and Matthew have already mentioned, many people are ignorant and insensitive towards people that are different from themselves, and it would be nice if the supreme court could show that ALL citizens who marry deserve and receive the same rights.
Unfortunately, even if the ban is lifted, that does not mean homophobia will decrease. Perhaps it may not be as socially acceptable in the future, but it will most likely still be quite visible in informal everyday life. To draw a parallel, in today's society, racism is still a problem even though there are laws against discrimination. Just because we have laws protecting the legal issues does not mean the problem is solved. Informal discrimination is incredibly hard for government to regulate, and it takes everyday people to make their own decisions on how they feel about such issues. Government can't force us to change our views, so sometimes we must pick up the issue ourselves after the government has done its role. This may be a step towards promoting civil liberties and tolerance, but not everyone will see it as such. What will become of society's views on homosexuality in 30-40 years? Will it swept under the rug like how racism is today?
I definitely hope that the Supreme Court rules in favor of same-sex couples, because they obviously should not be persecuted by things like Prop 8. However, I don't think overturning Prop 8 will reduce homophobia in America. There are so many people who just refuse to accept homosexuals as normal human beings, and that will not change, no matter what the government does to give LGBT people equality under the law. I hope that as we go forward, more and more people will realize that homosexuals, just like other minorities, DO have a place in society, and they should not be treated differently from anyone else.
I'm happy they are reviewing it, and like all the rest of us I truly hope they do legalize gay marriage. It would be a step forward for this country, to be certain. However, I do anticipate backlash from certain groups, like the Westboro Baptist Church. Goodness knows they will have a meltdown. But by golly, let them have it. If gay marriage becomes legal, I think it will be fantastic.
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