Are you ready for gay marriage?
- by admin
Coming up in the next few days, the Supreme Court will hear arguments in two cases concerning gay marriage: Obergefell v.
Hodges and the Defense of Marriage Act.
This will come after the justices rule on whether the federal government can discriminate against same-sex couples who want to marry.
If the justices agree to hear both cases, the U.S. could become the most liberal nation on the planet.
The justices are expected to rule in either case within a few weeks.
Both cases will have to be decided by the end of June.
A couple of years ago, the court issued an opinion declaring DOMA unconstitutional.
But the court said it did not have the power to “exclude” gay people from the federal definition of marriage because DOMA did not apply to all Americans.
But in 2013, the high court ruled that it did have the authority to ban same-gender marriage in the U: “The Supreme Court has consistently rejected the claim that the Constitution is ‘unenforceable’ because the States cannot constitutionally enact a law that would bar the exercise of the right to marry by any group.”
That ruling left intact DOMA.
In the last three years, the federal courts have allowed the government to deny benefits to same-sexual couples in various situations, including denial of Social Security benefits to a married couple who had children through surrogacy, denying a marriage license to a same- sex couple in Oklahoma who wanted to marry, and denying benefits to an unmarried couple who were in a same sex couple’s home, but were married.
DOMA is not the only legal case to go to the Supreme in recent years, and the court will be watching closely for the arguments of a couple of other cases: one on whether states have the right or authority to impose bans on same- gender marriage, and one on the constitutionality of a law against gay marriage in Tennessee.
But there are plenty of other legal battles being fought across the country, too.
In Texas, a state that voted to legalize gay marriage and has become a leader in the battle against discrimination, a federal judge ruled last year that the state’s marriage ban violates the U’s equal protection clause.
In May, a judge in California struck down a state ban on same sex marriage.
And in Oregon, a ruling by the U is on the verge of being overturned in a federal case.
While there have been more than 2,000 marriages and legal challenges to the state marriage ban in the last decade, the Obama administration is still awaiting the outcome of a federal appeal from Texas.
The Obama administration and its allies are confident they will prevail in the Supreme court cases.
They argue that the court has already rejected arguments by the states that the federal law violates their equal protection rights and they have no authority to bar same- genders from marriage.
The Supreme Court could decide to hear the case.
But if the justices do decide to rule on the cases, they will likely have to hear from a panel of three conservative justices.
If they rule against the states, then the Obama Administration will be able to argue that a state’s law violates the Equal Protection Clause of the U, a provision of the Constitution that guarantees equal protection under the law.
In any case, gay marriage supporters hope the court ruling will set a precedent for the future.
“We’re optimistic that the Supreme is going to recognize that marriage is a civil union,” said Brian Brown, legal director of the National Center for Lesbian Rights, in an interview with NBC News.
“It doesn’t matter if the federal judge thinks it’s unconstitutional.
The courts have already recognized that marriage equality is a right.”
Coming up in the next few days, the Supreme Court will hear arguments in two cases concerning gay marriage: Obergefell…
- EDO marriage introduction agency introduces marriage introduction video
- How to create an account to manage your child’s marriage certificate
- When Thai marriage proposals go viral, the government is scrambling to stop them
- When do you think marriage should start?
- ‘This is not about us’: Parents speak out about ‘shameful’ divorce letter