Gay marriage

Poll: Americans Say There’s No Turning Back on Gay Marriage

Photo via Adelle M. Banks/RNS
Plaintiffs Sandy Stier and Kristin Perry kiss on June 26, 2013 as they leave the Supreme Court. Photo via Adelle M. Banks/RNS

The Supreme Court will hear arguments next week in a landmark case on gay marriage, but most Americans already have made up their minds: There’s no turning back.

In a nationwide USA Today/Suffolk University poll, those surveyed say by 51 percent to 35 percent that it’s no longer practical for the Supreme Court to ban same-sex marriages because so many states have legalized them.

One reason for a transformation in public views on the issue: close to half say they have a gay or lesbian family member or close friend who is married to someone of the same sex.

Kraig Ziegler, 58, of Flagstaff, Ariz., acknowledged being a bit uncomfortable when he attended a wedding reception for two men, friends of his wife, who had married.

“I still believe what the Bible says, ‘one man, one woman,’ ” the mechanic, who was among those polled, said in a follow-up interview.

On the other hand, he said, “I got to know the guys, and they’re all right. They don’t make passes or anything at me.”

Now he calls himself undecided on the issue.

In the survey, a majority — 51 percent 35 percent — favor allowing gay men and lesbians to marry, and those who support the idea feel more strongly about it than those who oppose it: 28 percent “strongly favor” same-sex marriage, 18 percent “strongly oppose” it. Fourteen percent are undecided.

5 Arguments to Watch as the Supreme Court Considers Gay Marriage

Photo via Adelle M. Banks / RNS
A man holds a gay pride flag in front of the Supreme Court. Photo via Adelle M. Banks / RNS

State bans on same-sex marriage have been justified based on judicial precedent, states’ rights, regulating procreation, optimal child-rearing, and centuries-old tradition. Those reasons also have been loudly debunked.

When it convenes April 28 for one of the most historic oral arguments in its 226-year history, the Supreme Court will hear all of those arguments and more from five lawyers representing gays and lesbians on one side, and the states of Kentucky, Michigan, Ohio, and Tennessee on the other. But the justices also will have read what dozens of federal trial and appeals court judges have written.

Here’s a look at five major arguments cited by those appeals court judges in their rulings. In addition to the four Midwest states whose bans were upheld, the circuit courts struck down similar bans in Idaho, Indiana, Nevada, Oklahoma, Utah, Virginia, and Wisconsin.

1. Judicial Precedent

The first hurdle in the gay marriage debate facing lower court judges has been what to make of a 1972 Supreme Court ruling that denied marriage rights to a gay couple in Minnesota.

The one-line summary decision in Baker v. Nelson upheld the state’s ban on same-sex marriage “for want of a substantial federal question.” At the time, marriage was seen as the exclusive purview of the states.

Because of the wealth of judicial rulings that have come in the following four decades, most federal judges have reasoned that Baker does not tie their hands.

“Since Baker, the court has meaningfully altered the way it views both sex and sexual orientation through the equal protection lens,” the U.S. Court of Appeals for the 4th Circuit ruled in the Virginia case, Bostic v. Schaefer. The panel’s majority noted that the justices did not even mention the 1972 case when they struck down a key section of the federal Defense of Marriage Act in 2013.

In the case of Obergefell v. Hodges now before the Supreme Court, however, Judge Jeffrey Sutton of the U.S. Court of Appeals for the 6th Circuit differed with all the previous rulings.

“This type of summary decision, it is true, does not bind the Supreme Court in later cases,” he wrote for his panel’s 2-1 majority.

“But it does confine lower federal courts in later cases.”

2. State's Rights

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.

Republicans, Religious Groups Urge Supreme Court to Uphold Gay Marriage Bans

Photo via Mark Fischer / Flickr / RNS
Photo via Mark Fischer / Flickr / RNS

Republican officials and religious organizations dominate a growing list of more than 60 groups urging the Supreme Court to uphold state bans against same-sex marriage.

The flood of “friend of the court” briefs arriving at the court by last week’s deadline easily made the upcoming case the most heavily lobbied in the court’s recent history. Earlier this month, more than 70 briefs were filed by proponents of gay marriage, including one signed by more than 200,000 people.

Sixteen states led by Republican governors were among those calling for the bans in Michigan, Ohio, Kentucky, and Tennessee to be upheld. Among them were nine states where same-sex marriage bans have been struck down by federal courts — an indication that the battle there and elsewhere will be renewed if the justices uphold the bans.

“How much better for this issue to play out, state-by-state, with citizens locked in urgent conversation,” one of the briefs says.

Predictions of Evangelical Concessions on LGBT Rights Are Premature

A woman in the March for Marriage in March 2013. Photo via Adelle M. Banks / RNS

Pardon the yawn.

The 1.8 million-member Presbyterian Church (USA) on March 17 voted to officially approve of same-sex marriage, an announcement that shouldn’t surprise anyone who has followed the mainline Protestant denomination’s trajectory. Perhaps a more substantial but less widely reported story was the decision by City Church, San Francisco’s largest evangelical congregation, to affirm LGBT couples.

Evangelicals are among the most stalwart opponents to LGBT marriage, but a number of evangelical congregations have publicly shifted their stance in the last year. Among them are Seattle’s Eastlake Community Church, Nashville’s GracePointe Church, Portland’s Christ Church, and New Heart Community Church in La Mirada, Calif. Other prominent evangelical pastors tell me off the record that they are in the midst of similar conversations.

Churches aren’t the only evangelical factions inching left on matters of sexuality. 

Presbyterian Church (USA) Approves Same-Sex Marriage Amendment

Photo via Nata Sha / Shutterstock.com
Photo via Nata Sha / Shutterstock.com

The Presbyterian Church (USA) approved an amendment to include same-sex relationships in its constitutional definition of marriage on March 17. A majority of the denomination’s 171 presbyteries have now voted to accept the new wording, which replaces “between a woman and a man” with “between two people, traditionally a man and a woman.”

Although 71 percent of the leaders in the General Assembly, the governing body of the PCUSA, voted to approve same-sex marriage in June, the denomination was waiting for a majority of its local presbyteries to accept the change. That number, 86, was reached on March 17.

Oklahoma Bill Would Abolish State’s Role in Granting Marriage Licenses, Leave It in Clergy Hands

Photo via Oklahoma State Legislature website / RNS
Oklahoma state Rep. Todd Russ. Photo via Oklahoma State Legislature website / RNS

In an effort to block the state’s involvement with gay marriage, the Oklahoma House of Representatives passed a bill March 10 to abolish marriage licenses in the state.

The legislation, authored by Rep. Todd Russ, R-Cordell, amends language in the state law that governs the responsibilities of court clerks. All references to marriage licenses were removed.

Russ said the intent of the bill is to protect court clerks caught between the federal and state governments. A federal appeals court overturned Oklahoma’s ban on same-sex marriage last year. Russ, like many Republican legislators in the state, including Gov. Mary Fallin, believes the federal government overstepped its constitutional authority on this issue.

Acknowledging that his bill is partially in response to the federal court ruling, Russ told ABC News affiliate KSWO that the federal government lacks the power to “force its new definitions of what they believe on independent states.”

Gay Marriage Gains Rapid Support with U.S. Public, Including Conservatives

Photo via REUTERS / Carol Tedesco / Florida Keys News Bureau / RNS
Aaron Huntsman and William Lee Jones are married. Photo via REUTERS / Carol Tedesco / Florida Keys News Bureau / RNS

As the Supreme Court readies to hear a group of cases that could make same-sex marriage legal from coast to coast, support for allowing gays and lesbians to marry is piling in from all directions.

On April 28, the court will hear arguments in four related cases that address whether state bans on gay and lesbian marriages are constitutional. The ruling is expected by late June.

But new opinion polls and friend-of-the-court briefs that were due March 6 show widespread acceptance of marriage as a right for all.

Climbing public support: The rate of growth for supporting same-sex marriage has risen so rapidly even the director of the national biennial General Social Survey is marveling at the speed of change.

San Francisco Archbishop Rejects Lawmakers’ Criticism on Morality Clauses

Photo via The American Life League / RNS
Archbishop Salvatore Cordileone speaks at the 2013 March for Marriage. Photo via The American Life League / RNS

San Francisco Archbishop Salvatore Cordileone has rejected criticism from state lawmakers over the use of morality clauses for Catholic schoolteachers, asking whether they would “hire a campaign manager who advocates policies contrary to those you stand for?”

The archdiocese sparked protests earlier this month when it unveiled morality clauses for four Catholic high school handbooks as well as for teacher labor contracts.

The handbooks single out church teaching against homosexual relations, same-sex marriage, abortion, artificial birth control and “reproductive technology,” women’s ordination, pornography, masturbation and human cloning, according to the National Catholic Reporter.

The language says that “administrators, faculty, and staff of any faith or no faith are expected to arrange and conduct their lives so as not to visibly contradict, undermine or deny” church doctrine and practice on those topics.

Five members of the state Assembly and three state senators sent Cordileone a letter urging him to remove the clauses, which they said were discriminatory and divisive.

Handwriting on the Wall for Gay Marriage

A man holds a gay pride flag in front of the Supreme Court. Photo via Adelle M.
A man holds a gay pride flag in front of the Supreme Court. Photo via Adelle M. Banks / RNS

The Supreme Court will decide whether to allow same-sex marriage nationwide later this year. But it’s leaving little doubt which way it’s leaning.

The latest evidence came Feb. 9 when the high court denied Alabama’s request to block gay marriages while the state appeals a federal judge’s ruling that allowed gays and lesbians to wed.

That was the same decision the justices reached in Florida two months ago, allowing the Sunshine State to become the 36th in the nation where same-sex marriage is legal. Alabama now becomes the 37th.

But things were different last year, when the Supreme Court temporarily blocked gay marriages in Utah in January, and in Virginia in August, while the legal issue played out.

Why the change?

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