Supreme Court

Colliding Visions of Marriage at the Supreme Court

RNS photo by Adelle M. Banks

Ikeita Cantu, left, and Carmen Guzman, of McLean, Va., hold signs in front of the Supreme Court. RNS photo by Adelle M. Banks

WASHINGTON — As the nine Supreme Court justices took up the vexing question of a constitutional right to same-sex marriage on Tuesday, the case came down to two competing visions of marriage: what it’s been, what it should be, and who gets to decide.

Outside the court, hundreds of demonstrators echoed both sides: Amateur evangelists and anti-gay zealots with signs proclaiming, “Man & Woman: United for Life, Open to Life,” and throngs of gay rights supporters chanting “Love Must Win!” to drown out the sidewalk preachers with their megaphones.

Yet ultimately, beyond both the arcane and real-life arguments over the state’s sanction of private relationships, the court must decide the very nature and purpose of marriage — or at least which nature will be reflected in civil law.

Gay Marriage Fight Centers on What’s Best for the Kids

Photo via REUTERS / Mark Makela / RNS

A boy holds up a sign during a rally by gay rights supporters in Harrisburg, Pa. in 2014. Photo via REUTERS / Mark Makela / RNS

It is perhaps the most controversial component of the national debate over same-sex marriage: Who should raise children?

The judge who wrote the decision upholding gay marriage bans in four Midwest states gave at least some same-sex couples a shoutout last fall, even while ruling against them. His ruling is being appealed to the Supreme Court, which will hear oral arguments April 28.

Judge Jeffrey Sutton’s words have done little to quell the war of statistics and academic studies that has raged for years over the relative child-rearing skills of gay and straight parents.

Dozens of briefs submitted to the court cite scores of scientific studies on the subject. Some show that children raised in same-sex households fare no worse than those raised by mothers and fathers. Others say the differences are stark in areas ranging from emotional development to high school graduation rates and success at work.

The judge who looked most closely at the two sides’ arguments wasn’t Sutton but U.S. District Judge Bernard Friedman, who conducted a two-week trial last year to consider April DeBoer and Jayne Rowse’s lawsuit against Michigan’s gay marriage ban. He came down firmly on the side of studies showing no difference between gay and heterosexual child-rearing.

Researchers claiming negative outcomes for children of same-sex couples “clearly represent a fringe viewpoint that is rejected by the vast majority of their colleagues across a variety of social science fields,” Friedman wrote.

While rejecting the “fringe” label, some conservatives acknowledge that sufficient research has not been done to show that same-sex parenting harms children’s development. They contend the question remains open to debate.

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.

Mormon Couple Doesn’t Want to be Part of Supreme Court Gay Marriage Case

Josh and Lolly Weed and their three daughters. Image via RNS/courtesy Josh Weed.

Josh and Lolly Weed and their three daughters. Image via RNS/courtesy Josh Weed.

A Mormon man and woman in a mixed-orientation marriage are objecting to their inclusion in a U.S. Supreme Court case filing because it argues that legalized gay marriage would demean marriages like theirs.

Josh and Lolly Weed’s names and statements are referenced in a “friend of the court” brief ahead of the April 28 arguments in a consolidated 6th Circuit Court of Appeals case, which many expect will legalize gay marriage nationwide.

The brief was filed April 3 on behalf of couples in mixed-orientation marriages — unions in which one partner is gay and the other is not — who oppose marriage equality.

The Weeds told The Salt Lake Tribune on April 14 they didn’t consent to be included in the filing, nor do they share its view.

Among the filing’s arguments: Constitutionally mandated same-sex marriages can exist only by “erasing, marginalizing and demeaning the same-sex attracted who live in man-woman marriages” and would send a “harmful message that it is impossible, unnatural, and dangerous for the same-sex attracted to marry members of the opposite sex.”

“What does that have to do with us at all?” asked Josh Weed, an openly gay man who has been married to a woman for 12 years.

“I feel no devaluation of my marriage status by having marriage equality.”

The Weeds, of Washington state, became the public face of Mormon mixed-orientation marriage in 2012, when they posted their story on Josh’s blog, joshweed.com. They do not advocate mixed-orientation marriages for others.

“My wife and I support marriage equality,” Josh Weed said.

Canadian Supreme Court Rules Against Prayer at City Council Meetings

Photo via Peregrine981 /  Wikimedia Commons / RNS

The Supreme Court of Canada building. Photo via Peregrine981 / Wikimedia Commons / RNS

Canada’s Supreme Court has ruled that a small town in Quebec may not open its council meetings with prayer.

In a unanimous ruling April 15, Canada’s highest court ruled that the town of Saguenay can no longer publicly recite a Catholic prayer because it infringes on freedom of conscience and religion.

The case dates back to 2007, when a resident of Saguenay complained about public prayer at City Hall.

Just last year, a divided U.S. Supreme Court ruled that legislative bodies such as city councils could begin their meetings with prayer, even if it plainly favors a specific religion.

But the Canadian high court ruled that the country’s social mores have “given rise to a concept of neutrality according to which the state must not interfere in religion and beliefs. The state must instead remain neutral in this regard. This neutrality requires that the state neither favor nor hinder any particular belief, and the same holds true for non belief.”

The court said a nondenominational prayer is still religious in nature and would exclude nonbelievers.

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.

Pulling Yourself Up by Your Bootstraps...

WITH THE NEXT election still almost 18 months away, you’d think the media would focus on more important topics in the meantime, such as where Kim Kardashian is spending her next vacation.

But you’d be wrong. It’s officially time for the press to ignore more newsworthy subjects in favor of endless coverage of the election “horse race,” but without the legendary good sense horses bring to such occasions.

ISIS on the move, taking the Middle East back to the 7th century? Forget that. Let’s talk about Jeb Bush’s 2016 run, although the hook could be how ISIS reminds people of the disastrous policies of the last Bush in the White House. Or was it the one before that? I can’t remember. (In hindsight, the Bush parents should have named alltheir sons George, so presidential ballots could be printed in bulk, enough for several elections.)

Interestingly, the latest news about ISIS is that its recruits from the West are having second thoughts about the medieval living conditions so praised by the jihadists. After all, in the 7th century there were no antibiotics, no running water, and only basic cable. But you won’t find the press covering that because “Sarah Palin may be running again!”

Although, to be fair, there is a foreign policy connection, since she has publicly stated “God bless our troops, especially our snipers.” (Such a wonderful ambassador for our nation. Definitely U.N. material.)

Climate change threatening our coastlines? Boring. Cable news thinks Mike Huckabee’s White House prospects are, frankly, a lot more interesting. His new book, God, Guns, Grits, and Gravy, is an alliterative attempt to keep his name before the public. Either that, or he was reading from a Cracker Barrel menu. Regardless, he hopes book sales will be better than his last effort, When Monkeys Fly: My Timeline to the Presidency.

Read the Full Article

​You've reached the end of our free magazine preview. For full digital access to Sojourners articles for as little as $2.95, please subscribe now. Your subscription allows us to pay authors fairly for their terrific work!
Subscribe Now!

Weekly Wrap 3.27.15: The 10 Best Stories You Missed This Week

1. How Yemen Became the Middle East’s Latest Regional Nightmare

As Saudi Arabia and Egypt say they’re prepared to send in ground troops, here’s a look at how Yemen got to this point.

2. God and Jeb

“[Jeb] Bush wants Christian conservatives to pay attention to what he's done, not just to what he says. But in a Republican presidential primary, can actions — much less actions more than a decade in the past — actually speak louder than words? Can quiet faith, and quiet support from some religious leaders, carry the day against a field full of outspoken Christian warriors?”

3. A Response to Critics of the Open Letter to Franklin Graham

Jesus says ‘If another member of the church sins against you, go and point out the fault when the two of you are alone.’ Jesus does not say, ‘If another member of the church sins against millions, and hundreds of thousands begin to follow his lead on the issue, go and point out the fault when the two of you are alone.’”

4. Women & Leadership: Public Says Women Are Equally Qualified, but Barriers Exist

And it might not be the barriers you would think. “Only about one-in-five say women’s family responsibilities are a major reason there aren’t more females in top leadership positions in business and politics. Instead, topping the list of reasons, about four-in-ten Americans point to a double standard for women seeking to climb to the highest levels of either politics or business, where they have to do more than their male counterparts to prove themselves. Similar shares say the electorate and corporate America are just not ready to put more women in top leadership positions.”

Justice Ginsburg Writes a Feminist Opinion for Passover

Photo via REUTERS / Mario Anzuoni / RNS

Associate Justice Ruth Bader Ginsburg. Photo via REUTERS / Mario Anzuoni / RNS

Rabbi Ruth Bader Ginsburg?

Not quite, but when a Jewish nonprofit asked the Supreme Court justice to write a biblical commentary for Passover, she agreed, and added a feminist twist: It would raise up the often overlooked women of the Exodus story.

Ginsburg, one of three Jews and three women on the high court, is known as a champion of women’s rights — but not for being particularly religious.

But Rabbi Lauren Holtzblatt, whom Ginsburg asked to help out with the commentary, said Ginsburg had a clear vision for the piece and knew exactly which biblical women she wanted to highlight from the iconic liberation story of the Book of Exodus.

“She has a Jewish soul, there is no question,” Holtzblatt, a rabbi at Adas Israel, a Conservative synagogue in Washington, D.C., said of Ginsburg.

“It’s in her. It’s deeply in her.”

Pages

Subscribe