defense of marriage act

Lonely Widower Takes Lead in Landmark Gay Marriage Case

Photo via The Enquirer / Carrie Cochran / USA Today / RNS

Jim Obergefell of Cincinnati is photographed in his living room. Photo via The Enquirer / Carrie Cochran / USA Today / RNS

Jim Obergefell and John Arthur spent more than two decades living quietly together. They were never gay rights activists. Most of their friends weren’t even gay.

“John and I always joked that we were bad gays,” Obergefell recalled, “because the vast majority of our friends are straight couples.”

But when the Supreme Court ruled on June 26, 2013, that the federal government must recognize same-sex marriages, two new activists suddenly were born — one of whom now stands at the threshold of legal history.

Fifteen days after the high court’s ruling — with Arthur in the final stages of Lou Gehrig’s Disease — the couple flew to Maryland on a medically equipped jet to be legally married on the tarmac. Then they flew back home and learned their marriage would not be recognized in Ohio.

“All I thought was, ‘This isn’t right. I’m p—ed off,'” Obergefell, 48, says now, sitting in the silence of his art-filled condominium in Cincinnati’s historic Over the Rhine district.

5 Reasons Gay Marriage Is Winning

Supporters of gay marriage rally outside the U.S. Supreme Court on March 27, 2013. RNS photo by Kevin Eckstrom.

What a difference 10 years makes.

In May 2004, Massachusetts became the first state to allow same-sex marriage. Six months later, with dire warnings about schoolchildren being forced to read “Heather Has Two Mommies” and threats of legalized polygamy, so-called “values voters” passed bans on same-sex marriage in 11 states and ushered George W. Bush to another four years in the White House.

Fast-forward to 2014, and the cultural and legal landscape could hardly be more different. Today, 19 states and the District of Columbia allow same-sex marriage, and federal courts have struck down bans in 11 more states. The U.S. Supreme Court ordered the federal government to recognize same-sex marriages after ditching a central portion of the 1996 Defense of Marriage Act last year, and 44 percent of Americans now live in states that allow same-sex marriage.

After four same-sex couples filed suit Wednesday challenging Montana’s ban on same-sex marriage, neighboring North Dakota is the only state that isn’t facing a challenge to its gay marriage ban — at least not yet.

So what changed?

Catholic Chaplains Given Marching Orders Barring Service to Gay Couples

Air Force Capt. Mike Carey, a chaplain at Scott Air Force Base in Ill. RNS photo by Robert Cohen/The St. Louis Post-Dispatch

Catholic military chaplains cannot be forced to witness or bless a same-sex marriage, nor are they allowed to take part in any marriage counseling retreats that are open to gay couples under new rules issued by the Archdiocese for the Military Services.

The rules, sent to chaplains on Sept. 18 by Archbishop Timothy P. Broglio, head of the AMS, also bar chaplains from taking part in a funeral for a Catholic if that participation “would give the impression that the church approves of same sex ‘marital’ relationships.”

But the new rules also set out conditions that would allow Catholic military commanders to comply, without violating their beliefs, with rules giving same-sex couples under their command federal employee benefits as required by law.

There’s Something in the Air: Grace

RNS photo by Adelle M. Banks

Plaintiffs speak to the media June 26 after the Supreme Court rejected Prop 8 on legal grounds. RNS photo by Adelle M. Banks

Rather than a Third Great Awakening I believe we are standing in the threshold of a Great Grace Awakening. It’s a move of the Holy Spirit drawing people away from legalistic and fear-based beliefs to a place some of us would call grace.

On the surface, it may seem to fly in the face of some traditional Judeo-Christian ethics. But it is aligned with a broader, more universal ethic that seems to be developing around genuine Christian love and grace — the very essence of Jesus’ ministry and what makes it so revolutionary — as guiding principles.

Grace is the reason for the incarnation. God became human and walked in our sandals because God knows us and wants us to be known.

Grace says that there is nothing we could ever do that would make God love us less. And grace tells us that there’s nothing we could ever do that would make God love us more. You are loved simply because you are and for all of who you are. Full stop.

Gov. Chris Christie, a Catholic, Tiptoes on Gay Marriage

Photo courtesy RNS/

NJ Gov. Chris Christie – red gov in a blue state – is walking a fine line on gay marriage. Photo courtesy RNS/

As activists push states to recognize gay marriages, New Jersey Gov. Chris Christie — conservative Republican governor in a blue state and a 2016 presidential possibility — is walking a fine line between two electorates and two elections.

Christie vetoed same-sex marriage legislation last year and severely criticized the Supreme Court’s decision striking down a ban on federal rights for same-sex married couples. At the same time, he is “adamant” that same-sex couples deserve equal legal protection, wants a referendum on gay marriage, and vows to abide by a same-sex marriage law if New Jersey voters approve it.

He’s tiptoeing between constituencies. First are the voters of New Jersey: polls show they favor same-sex marriage, and Christie wants them to re-elect him in November by a big margin.

Gay Marriage Fight Shifts to the States

Photo courtesy RNS.

LGBT supporter at the Supreme Court on June 26. Photo courtesy RNS.

The legal battle over same-sex marriage has shifted from the Supreme Court to state capitals and lower courts as supporters seek to build on their recent victories and opponents hope to thwart that progress.

Armed with Justice Anthony Kennedy’s decision striking down the Defense of Marriage Act, lawyers representing same-sex couples filed a lawsuit in Pennsylvania on Tuesday, and vowed to follow with others in North Carolina and Virginia.

Those cases will be added to at least 11 pending from New Jersey to Hawaii.

Love is Greater Than Faith

Photo by Katie Anderson/Sojourners.

Celebration on the grounds of the Supreme Court after DOMA and Prop. 8 decisions. Photo by Katie Anderson/Sojourners.

The first thing I did when I read the U.S. Supreme Court’s decisions in the cases involving the Defense of Marriage Act and California’s Prop 8 on Thursday morning was offer a silent prayer.

It was short — just two words — completely heartfelt and probably far more eloquent than anything I’ll manage to write in this space today.

“Thank you,” I told God. 

Equal Justice Under the Law

Sign outside the Supreme Court, photo by Victoria Pickering /

Sign outside the Supreme Court, photo by Victoria Pickering /

The words above the Supreme Court read, “Equal Justice Under the Law.” This week, two Supreme Court outcomes dramatically affected the reality of those words.

On Tuesday, in a 5-4 decision, a key component of the historic Voting Rights Act of 1965 was struck down, jeopardizing equal justice under the law especially for black, Hispanic, and low-income people whose voting rights have historically been assaulted and have continued to be suppressed as recently as the 2012 election. In fact, Section 4 of the Voting Rights Act — which required parts of the country that have been especially egregious in racially motivated voter suppression to get federal approval of any changes in their voting laws — was specifically used in the 2012 election to prevent new voter suppression. That provision has now been struck down, and efforts to increase barriers to voting are already underway in several states, especially in the South, that would suppress the future votes of Americans of color, especially those with lower incomes.

Equal justice under the law lost on Tuesday, June 25. The Supreme Court’s decision was morally shameful. ... 

Contrast Tuesday’s decision with the final ones we saw handed down this week. ... I, along with a growing number of people in the faith community, believe that equal protection under the law is essential for our gay and lesbian friends and family members. While some Christians are conflicted about the theological issues involved, or even are unable to support homosexuality on a religious basis, they also don’t want churches to be the ones standing in the way of civil rights. 

On Scripture: Resistance is Futile

 Photo by Katie Anderson / Sojourners

Woman holds up Supreme Court decision on June 26 outside the Supreme Court. Photo by Katie Anderson / Sojourners

In the Methodist tradition in which I was I raised, there is a concept of perfection. We “strive for perfection” in loving each other and loving God. It is not about avoiding all mistakes. It is about growing in love for neighbor and being hospitable to all we come in contact with. This is the point of our theology: as we grow in faith and love, we become closer to God. In the end, resisting God’s call to love others is pretty hard to do.

And yet we know not everyone we meet is irresistible. We all have moments when some folks are harder to love than others. Sometimes those we find difficult to love are members of our own families. Other times they are friends we’ve had a conflict with. And for some of us, they are hard to love simply because of whom the other person loves.

ANALYSIS: A Cultural Wave on Gay Marriage Reaches the Supreme Court

Photo by Katie Anderson/Sojourners

"Thank you" Paul and Jeff sign. DOMA and Prop 8 decisions at the Supreme Court. Photo by Katie Anderson/Sojourners.

Sometimes a court opinion is more than just a court opinion.

Justice Anthony Kennedy’s 26-page decision Wednesday striking down a federal ban on same-sex marriages offers a window into Americans’ rapidly shifting views of same-sex relationships — a shift that increasingly relies on matters of law and fairness, not moral or religious views.

At the same time, Justice Antonin Scalia’s biting 26-page dissent in United States v. Windsor reflects a set of cultural, religious, and social arguments that are losing ground in the court of public opinion and now, in the highest court of the land.