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Hollingsworth v Perry: Supreme Court weighs gay marriage | |
(about 13 hours later) | |
The US Supreme Court is hearing arguments on whether the state of California can ban same-sex marriage. | |
The justices are weighing a state constitutional amendment banning same-sex nuptials, passed after gay marriage became legal there. | |
They could uphold the ban, narrowly overturn it, or invalidate all state same-sex marriage bans in America. | |
The hearing comes as opinion polls show a rapid rise in public support for same-sex marriage. | |
As arguments began on Tuesday, justices questioned both the merits of the arguments and the parties' legal standing to bring the case to the high court. | |
Justice Anthony Kennedy, often seen as a swing vote between the four conservative and four liberal justices, suggested that children of same-sex couples would suffer an "immediate legal injury" from the ban. | |
California case | California case |
Analysts say the justices could rule that the ban's supporters have no standing to bring the case to the Supreme Court, a decision that would invalidate only the California law while leaving other state bans standing. | |
Among the spectators in the court on Tuesday is a lesbian cousin of conservative-leaning Chief Justice John Roberts, the Los Angeles Times reports. | |
Tuesday's case concerns California's ban on same-sex marriage, known as Proposition 8, which was approved by that state's voters in a referendum in November 2008. | |
Its passage came only after some 18,000 gay marriages had already taken place in the state, following California's legalisation of such unions earlier the same year. | |
Two same-sex couples filed a lawsuit, known as Hollingsworth v Perry, against Proposition 8. | Two same-sex couples filed a lawsuit, known as Hollingsworth v Perry, against Proposition 8. |
As the state of California refused to defend it, the organisation that had sponsored Proposition 8 stepped in as defendants. | As the state of California refused to defend it, the organisation that had sponsored Proposition 8 stepped in as defendants. |
In 2010, a federal court ruled against Proposition 8, saying the state had not demonstrated a good reason for infringing on what the judge saw as the fundamental right of all couples to marry. | |
Supporters of the ban appealed against that ruling, but the court of appeals also ruled the amendment unconstitutional. | |
Anti-gay marriage activists then petitioned the Supreme Court to review the case. They want the question of whether marriage should be defined as a union between a man and a woman to be left up to individual US states. | Anti-gay marriage activists then petitioned the Supreme Court to review the case. They want the question of whether marriage should be defined as a union between a man and a woman to be left up to individual US states. |
The Obama administration is not taking part in the case but has filed what is called a "friend of the court" brief asking the Supreme Court to strike down the anti-gay marriage amendment. | |
In the Hollingsworth v Perry case, the court could uphold the ban, strike it down and invalidate similar bans in other states, or rule narrowly that California's law was unconstitutional. | |
Rise in support | |
On Wednesday, the Supreme Court will hear another case on same-sex marriage: a challenge to a federal law defining marriage as between a man and a woman only. The 1996 law, the Defense of Marriage Act, denies federal tax and other benefits to same-sex married couples. | |
Both cases are expected to be decided by June. | |
Currently, nine US states and Washington DC permit same-sex marriage. Eight other states allow civil unions or domestic partnerships with virtually all state marriage benefits, but do not allow couples to marry. | |
Recent opinion polls have shown a rapid growth in public support for the issue, with most Americans now believing it should be legal. | |
The Supreme Court cases follow a flurry of declarations in support of gay marriage by high-profile figures, including last week by former Secretary of State Hillary Clinton. | The Supreme Court cases follow a flurry of declarations in support of gay marriage by high-profile figures, including last week by former Secretary of State Hillary Clinton. |
Days earlier, Ohio's Rob Portman became the first Republican senator to back gay marriage. | Days earlier, Ohio's Rob Portman became the first Republican senator to back gay marriage. |
And now three Democratic senators - Claire McCaskill of Missouri, Mark Warner of Virginia and Jay Rockefeller of West Virginia - have adopted the same stance. | And now three Democratic senators - Claire McCaskill of Missouri, Mark Warner of Virginia and Jay Rockefeller of West Virginia - have adopted the same stance. |