The Edmond Sun

Local News

December 11, 2012

Gay marriage to get review from high court for 1st time

WASHINGTON — The Supreme Court will take up the issue of gay marriage for the first time, agreeing to rule on a California ballot measure banning the practice and a federal law defining marriage as solely an opposite-sex union.

The cases, which the court will decide by June, loom as a potential turning point on one of the country's most divisive issues. High court review comes as the gay-marriage movement is showing unprecedented momentum, winning victories at the polls in four states this year.

The California dispute will address whether gay marriage is legal in the most populous U.S. state, home to more than 37 million people. The case also gives the justices a chance to go much further and tackle the biggest issue: whether the Constitution guarantees same-sex marriage rights nationwide.

That question is "perhaps the most important remaining civil rights issue of our time," said Theodore Olson, a Washington lawyer leading the legal fight against the California measure.

In addition to the California case, the justices Friday said they will review the U.S. Defense of Marriage Act, a 1996 law that two federal appeals courts said impermissibly treats legally married gay couples differently than heterosexual couples. DOMA, as the measure is known, blocks gays from claiming the same federal tax breaks and other marriage benefits that opposite-sex spouses enjoy.

The case "is of exceptional practical importance to the United States and to tens of thousands of individuals affected," the Obama administration said in court papers opposing the law while urging the court to review it.

Support for gay nuptials has soared since 1996, when DOMA was approved 342-67 in the House and 85-14 in the Senate before being signed into law by President Bill Clinton.

Voters on Nov. 6 approved gay marriage in Washington, Maryland and Maine and rejected a bid in Minnesota to amend the state constitution to bar the practice.

By Jan. 1, same-sex couples will have the right to marry in nine states and the District of Columbia, and President Obama has said he backs that right.

Previous Supreme Court cases provide few hints as to how the court will rule. Although Justice Anthony Kennedy, who may cast the deciding vote, backed gay rights in 1996 and 2003 rulings, neither case involved marriage.

California voters approved Proposition 8, banning gay marriages, in 2008. The ballot initiative reversed a decision by the California Supreme Court, which five months earlier had said the state constitution guaranteed the right to gay marriage.

In challenging the law, Olson joined forces with David Boies, his opponent from Bush v. Gore, the Supreme Court case that resolved the 2000 presidential election deadlock. The pair set out to win a Supreme Court ruling establishing same-sex marriage as a constitutional right.

At the appeals court level, they instead won a narrower ruling with limited applicability beyond California's borders. The San Francisco-based 9th U.S. Circuit Court of Appeals said Proposition 8 violated the constitutional guarantee of equal protection by stripping same-sex couples of a right they once had — and that heterosexual couples would continue to possess.

Writing for the majority on the 2-1 court, Judge Stephen Reinhardt said the measure "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to reclassify their relationships and families as inferior to those of opposite-sex couples."

Supporters of Proposition 8, led by former state Sen. Dennis Hollingsworth, appealed to the Supreme Court. They argued that the lower court's reasoning was a "suggestion that any experiment with the definition of marriage is irrevocable."

The group also contended in court papers that Proposition 8 "furthers society's interest in responsible procreation and child-rearing."

Olson said in an interview before the court acted that he would make California-specific arguments as well as broader contentions that could establish same-sex marriage rights nationwide. Marriage, Olson said, is a "fundamental right that cannot be taken away from citizens on the basis of their sex or sexual orientation."

In court papers, Olson and Boies defended Reinhardt's reasoning. They said the judge correctly concluded that, by stripping away marriage rights, Proposition 8 "achieves nothing except the marginalization of gay and lesbian individuals and their relationships."

Gay marriage is on hold in California while the litigation plays out. More than 18,000 same-sex couples were married in the state before the ballot initiative passed.

Both sides asked the court to take up DOMA, a law the Obama administration decided last year it would begin opposing in court. That reversal left it to congressional Republicans led by House Speaker John Boehner to spearhead the defense.

Opponents say the law violates the Constitution's equal protection guarantee by denying legally married gay couples the same federal benefits as opposite-sex spouses. Under the law, people in same-sex marriages can't file joint federal tax returns, claim exemption from estate taxes, receive Social Security survivor benefits or obtain health insurance as the spouse of a federal employee.

Supporters of the law say it promotes traditional marriage, and by extension makes it more likely that children will grow up in a nurturing environment.

"Traditional marriage protects civil society by encouraging couples to remain together to rear the children they conceive," 15 states led by Indiana argued in court papers. "It creates the norm that potentially procreative sexual activity should occur in a long-term, cohabitative relationship."

The Boston-based 1st U.S. Circuit Court of Appeals and the New York-based 2nd Circuit rejected that reasoning. Ruling in the Massachusetts case, the 1st Circuit pointed to "a lack of any demonstrated connection between DOMA's treatment of same-sex couples and its asserted goal of strengthening the bonds and benefits to society of heterosexual marriage."

The 2nd Circuit broke new legal ground by saying that laws discriminating against gays, like those targeting racial minorities and women, should get especially rigorous scrutiny from the courts. The Obama administration backs that approach.

The court will review the law using the case of 83-year-old New York resident Edie Windsor, who is fighting a $363,000 estate tax bill imposed after the 2009 death of her spouse, Thea Clara Spyer. Windsor and Spyer were married in Canada in 2007, a marriage the 2nd Circuit concluded would be recognized under New York law.

The legal battle over DOMA doesn't affect a separate provision in the law that says states can refuse to recognize same-sex marriages from other jurisdictions.

Kennedy looms as the potential swing vote in both cases. He has been a champion of gay rights in past cases, writing the 2003 decision that said states can't criminalize gay sex acts. Overturning the convictions of two men in Texas, he wrote that "the state cannot demean their existence or control their destiny by making their private sexual conduct a crime."

Kennedy, appointed by President Ronald Reagan in 1988, also wrote the court's 1996 decision striking down a Colorado constitutional amendment that barred cities and counties from enacting anti-discrimination laws to protect gays.

Even so, he underscored in 2003 that he wasn't passing judgment on gay marriage. He said the case "does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter."

With assistance from Esme E. Deprez in New York.

Text Only
Local News
  • jc_power pole 1.jpg OG&E works to replace Edmond power poles

    “Oh my God, it’s the tornado,” Betsy Herring thought as she and her husband, Lee, took shelter in their laundry room as Sunday’s tornado roared toward their Forest Oaks home in Edmond.

    BUSINESSES, GROUPS DONATE FREE TORNADO RELIEF

    May 23, 2013 1 Photo

  • Orr Farm horses.jpg Equine center aids Orr Family Farm horses

    Connie Yearwood, a third-year veterinary student at Oklahoma State University, had been job shadowing at Equine Medical Association in Edmond when the call came to help rescue horses that were injured during Monday’s tornado in Moore and Oklahoma City.

    May 23, 2013 1 Photo

  • Lincoln County Emergency Management calls for help

    Carney is a city of about 649 residents and following the recent tornado outbreak 20 homes were destroyed there and an additional 18 homes in the county were leveled.
    Wednesday, a press release from Lincoln County, along with Wellston Emergency Management Office and the City of Carney, stated that at this time the needs have changed for the city.

    May 23, 2013

  • Oklahoma National Guard coordinates tornado relief support

    Oklahoma National Guard members, who work side-by-side with local responders to aid in recovery efforts during domestic operations such as the May 20 tornado that tore through Oklahoma City and Moore, are given their tasks through the Guard's Joint Operations Center.
    The JOC, located in the Guard's Joint Force Headquarters in Oklahoma City, is primarily responsible for the collection, dissemination and tracking of information to increase the situational awareness for leadership as well as the National Guard Bureau, said Lt. Col. Hiram Tabler, the director of military support for Oklahoma's Joint Force Headquarters.

    May 23, 2013

  • UPDATE: Businesses, groups offer free relief to tornado victims

    Listed is information on free services offered to victims of the recent tornadoes.

    May 23, 2013

  • 20130521_mooretornado3.jpg House approves $45M aid package for tornado victims

    As rain poured this morning on disaster relief workers in the Moore and Oklahoma City areas, the Oklahoma House of Representatives unanimously approved a $45 million aid package to provide relief to those impacted by Monday’s EF-5 tornado.

    TIMELAPSE LOOK AT MOORE DAMAGE

    May 23, 2013 1 Photo

  • preview4.jpg TIMELAPSE: Take a tour through the damage in Moore

    Take a driving tour of the damage in Moore caused by Monday's tornado.

    May 23, 2013 1 Photo

  • 20130521_rubble4.jpg Moore mayor wants tornado shelters in new homes

    Moore Mayor Glenn Lewis wants tornado shelters in all new homes in his city, where an EF-5 tornado damaged or destroyed more than 12,500 homes Monday afternoon. A proposed ordi­nance would require a shelter inside or outside each new residence.

    May 23, 2013 1 Photo

  • CoachStoops@OU.jpg Rescue workers, tornado victims find respite in college dorms

    Monday’s tornado put an estimated 20,000 people out of their houses, which were damaged or destroyed. Some of those victims — and the rescue workers who’ve come to help them — are staying a few miles south, in dormitories at the University of Oklahoma.
    More than 300 individuals and families left homeless by the storm are staying at OU, where the university is providing beds, hot water and meals, often delivered by a familiar face. The university also housed 287 first-responders from Texas, Nebraska, Kansas and Tennessee.

    May 23, 2013 1 Photo

  • Mom delivers baby during tornado.jpg Mom delivered baby as tornado struck

    Shayla Taylor’s second child was moments from birth as an EF-5 tornado bore down on Moore Medical Center on Monday afternoon.
    Her labor was too far along to move her to safety with the rest of those in the hospital, her nurses decided. So as her husband, Jerome, and their 4-year-old son, Shaiden, went downstairs with the others, she and four nurses stayed upstairs and braced for the worst.

    May 23, 2013 1 Photo

Featured Ads
NDN Video
AK-47-wielding thug may be the most bumbling crook ever Oklahoma Survivors, Heroes Survey Damage Trout's cycle a boost for Angels Raw: New Video of Deadly Oklahoma Tornado Kim Kardashian Flaunts Pregnant Bikini Body in Greece NBA star pledges $1M to help tornado recovery Shakira's Shocking Talent Morgan Freeman falls asleep on air GRAPHIC: Blood-Soaked Machete Killer Caught on Tape Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public Camera Captures Climber As He Loses Grip And Falls Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill DWTS Crowns a Winner Police Ram House to End Hostage Standoff Demi Moore a Rocks Bikini at Harry Morton's Family House Anthony Weiner: I'm running for New York City mayor Kate Middleton's Dress Flies Up VIRAL: Baby makes epic soccer goal The Hangover Baby All Grown Up
Poll

The City of Edmond does not have any public storm shelters. Emergency Management officials say it is more dangerous for people leaving their homes and trying to seek shelter than staying in place. Do you believe the city should change its policy?

Yes
No
Undecided
     View Results