Supreme Court hears arguments in gay marriage ban case
The U.S. Supreme Court on Tuesday took up the emotionally charged issue of gay marriage, hearing arguments from both sides of the debate on California’s gay marriage ban Proposition 8. The court could make history if it decides to extend equal rights to same-sex couples. According to Reuters, the justices could rule by the end of June on whether the law may stand.
- Attorneys David Bois (L) and Ted Olson (R), who argued against the California law Proposition 8, arrive to speak to the media after arguing their case before the Supreme Court in Washington March 26, 2013. U.S. Supreme Court justices signaled on Tuesday that they are reluctant to embrace a broad ruling finding a fundamental right to marriage for gays and lesbians across the United States. (Joshua Roberts/Reuters)
- Plaintiffs Sandra B. Stier (L) and Kristin M. Perry hold hands outside the Supreme Court after their case against California’s Proposition 8 was argued in Washington, March 26, 2013. (Jonathan Ernst/Reuters)
- Attorneys David Bois (L) and Ted Olson (R), who argued against the California law Proposition 8, and plaintiffs Sandy Stier (2nd L) and Kris Perry (3rd L) and Paul Katami (3rd R) and (Jeff Zarrillo 2nd R) arrive to speak to the media after arguing their case before the Supreme Court in Washington March 26, 2013. (Joshua Roberts/Reuters)
- Same-sex marriage supporters shout slogans in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- A protester raises a flag outside of the U.S. Supreme Court in Washington, March 26, 2013. (Joshua Roberts/Reuters)
- Roni Bivera demonstrates during a rally in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. Today the Supreme Court is scheduled to hear arguments in California’s proposition 8, the controversial ballot initiative that defines marriage as between a man and a woman. (Win McNamee/Getty Images)
- A gay couple is interviewed outside of the U.S. Supreme Court in Washington, March 26, 2013. (Jonathan Ernst/Reuters)
- A demonstrator holds a sign outside of the U.S. Supreme Court in Washington, March 26, 2013. (Jonathan Ernst/Reuters)
- Anti-Proposition 8 protesters are shadowed by a rainbow banner in front of the U.S. Supreme Court in Washington, March 26, 2013. (Jonathan Ernst/Reuters)
- A demonstrator holds up a sign outside of the U.S. Supreme Court in Washington, March 26, 2013. (Joshua Roberts/Reuters)
- Opponents and supporters of same-sex marriage converge in front of the U.S. Supreme Court as the March for Marriage arrives at the court in Washington, DC on March 26, 2013. The court is hearing arguments on California’s Proposition 8 ban on same-sex marriage. (Nicholas Kamm/AFP/Getty Images)
- Same-sex marriage supporters wave a rainbow flag in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- A same-sex marriage supporter (C) holds up a flag among anti-gay protesters in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Supporters of same-sex marriage chant slogans as the anti-gay marriage March for Marriage arrives at the U.S. Supreme Court in Washington, DC on March 26, 2013. The court hears arguments on California’s Proposition 8 ban on same-sex marriage. (Nicholas Kamm/AFP/Getty Images)
- Same-sex marriage supporters shout slogans in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Jo-ann Shain (R) and Mary Jo Kennedy (2nd from R) and Shain’s daughter, Aliya Shain, 24, and Aliya’s girlfriend, Brianna Clark (L), from Brooklyn, New York, hold signs as they stand outside of the U.S. Supreme Court in Washington, March 26, 2013. (Jonathan Ernst/Reuters)
- Same-sex marriage supporters shout slogans in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Protesters against gay marriage shout slogans in front of the U.S. Supreme Court in Washington, March 26, 2013. Two members of the U.S. Supreme Court, both viewed as potential swing votes on the right of gay couples to marry, raised doubts about California’s gay marriage ban on Tuesday as they questioned a lawyer defending the ban. (Jonathan Ernst/Reuters)
- Supporters of traditional marriage demonstrate in front of the Supreme Court in Washington March 26, 2013. (Joshua Roberts/Reuters)
- Jodie Denney, a firefighter from Seattle, Washington, demonstrates in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Win McNamee/Getty Images)
- Anti-Proposition 8 protesters line both sides of the street in front of the U.S. Supreme Court in Washington March 26, 2013. (Jonathan Ernst/Reuters)
- Opponents of same-sex marriage participate in the March for Marriage in Washington, DC on March 26, 2013 as the U.S. Supreme Court hears arguments on California’s Proposition 8 ban on same-sex marriage. (Nicholas Kamm/AFP/Getty Images)
- Supporters of same-sex marriage gather in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Pro-gay marriage activists shout slogans against anti-gay activists(R) they march on the U.S. Supreme Court March 26, 2013 in Washington, DC. (Karen Bleier/AFP/Getty Images)
- Opponents of same-sex marriage participate in the March for Marriage in Washington,DC on March 26, 2013 as the U.S. Supreme Court hears arguments on California’s Proposition 8 ban on same-sex marriage. (Nicholas Kamm/AFP/Getty Images)
- New York based drag performer Queen dances during a rally while surrounded by protesters from the conservative Westboro Baptist Church in front of the U.S. Supreme Court on March 26, 2013 in Washington, DC. (Win McNamee/Getty Images)
Justices wary of broad ruling endorsing gay marriage
Lawrence Hurley and David Ingram | Reuters
12:32 p.m. EDT, March 26, 2013
WASHINGTON (Reuters) – Supreme Court justices signaled on Tuesday that they are reluctant to embrace a broad ruling finding a fundamental right to marriage for gays and lesbians across the United States.
As sign-waving demonstrators massed outside, the court completed more than an hour of oral argument on whether to let stand a California ban on same-sex marriage without indicating a clear path forward.
Swing vote Justice Anthony Kennedy raised concerns about the court entering “uncharted waters” on an issue that divides the states.
Kennedy even raised the prospect of the court dismissing the case, a relatively unusual move that would leave intact a federal Appeals Court ruling that struck down the law, known as Proposition 8.
In a similar vein, Justice Samuel Alito also urged caution, noting that gay marriage as a concept is “newer than cellphones and the Internet.”
None of the justices indicated support for the Obama administration’s favored solution, which would strike down Proposition 8 and require the other eight states that already recognize civil unions or domestic partnerships to allow gays and lesbians to marry.
Earlier in the argument, the justices probed lawyers on both sides on the technical issue of whether California opponents of gay marriage had a right to be heard in federal court.
Although there was no apparent consensus on that point, if the court were to find the proponents did not have standing it would not reach the merits and then the federal District Court ruling that struck down Proposition 8 would be left intact.
U.S. citizens in general do not have a right to sue to enforce laws they favor. Chief Justice John Roberts pressed lawyer Charles Cooper, who represents gay marriage opponents, on why his clients are any different as they seek to enforce Proposition 8.
“I don’t think we’ve ever allowed anything like that,” Roberts said.
Prior to expressing his doubts about whether the court should decide the case, Kennedy pressed Cooper on the “imminent legal injury” facing almost 40,000 California children being raised by gay and lesbian couples. “They want their parents to have full recognition and full status,” he said.
Cooper, facing a barrage of questions mostly from the Supreme Court’s liberal wing, called California’s law the equivalent of a “pause button.”
Solicitor General Donald Verrilli, arguing on behalf of the Obama administration in support of striking down the law, said the California ban was not a “pause button” but a “delete button.”
On Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. Rulings in both cases are expected by the end of June.
(To follow oral arguments both days, visit the Reuters live blog at http://reut.rs/scotus1)
(Reporting by Lawrence Hurley and David Ingram; Additional reporting by Joseph Ax and Joan Biskupic; Editing by Kevin Drawbaugh, Howard Goller and Eric Beech)