When is the Supreme Court to decide whether same-sex couples have a constitutional right to marry
- by admin
The Supreme Court has begun a new round of litigation challenging the legality of California’s forced marriage law.
The state is arguing that the law violates the Equal Protection Clause of the 14th Amendment, which guarantees equal protection under the law.
In an opinion delivered last week, Justice Stephen Breyer wrote that the plaintiffs were “trying to turn marriage law on its head by arguing that its protections are not applicable to the people of California.”
Breyer also wrote that if the court is to consider the constitutionality of the law, it should not be based on a law that is “at best weakly enforced.”
The ruling will likely be appealed to the Supreme Judicial Court.
Jerry Brown has called the law “morally indefensible,” and he has ordered the state to pay nearly $1 million to the plaintiffs.
But he has not indicated whether he will issue an emergency stay.
The California state government has been forced to fund the legal defense of the forced marriage laws, as well as other similar lawsuits that are challenging the constitutionally protected right of same-year marriage.
“We are deeply concerned that a court that is only hearing arguments about a law the governor has already put in place, is putting our citizens at risk and placing our families at risk,” Brown said in a statement last week.
“I know that the people who fought for marriage equality know that this is a moment of great emotional pain for the LGBT community.
We are committed to doing everything in our power to support those who have been affected by this cruel law and to ensure that all Californians are treated equally in the eyes of the court.”
The Supreme Court has begun a new round of litigation challenging the legality of California’s forced marriage law.The state is…
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