Supreme Court Takes up Same-Sex Cases | NBC 7 San Diego

Supreme Court Takes up Same-Sex Cases



    Getty Images
    Same-sex wedding cake topper

    In a much-anticipated ruling, the U.S. Supreme Court on Friday has agreed to take its first serious look at the issue of gay marriage, NBC News reports. 

    The justices said Monday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds.

    Click here for a timeline of Prop. 8.

    The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.

    The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people.

    “We were hoping it would not be heard and marriages would resume," said Denise Serrano with the San Diego LGBT Community Center. "There is a hope that justice will prevail, but for now, we wait and we hope the ruling will be a favorable one.”

    Critics of same-sex marriage believed the decision would validate the original vote on Prop. 8 in the 2008 elections. 

    “Four years ago, the people spoke loud and clear with almost 7 and a half million votes that marriage is to be between a man and a woman," said Pastor Chris Clark with the East Clairemont Baptist Church. "And that is the definition that we want for society, so I’m relieved that that is still in place."

    A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.

    The cases probably will be argued in March, with decisions expected by late June.

    Gay marriage is legal, or will be soon, in nine states -- Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington -- and the District of Columbia. Federal courts in California have struck down the state's constitutional ban on same-sex marriage, but that ruling has not taken effect while the issue is being appealed.

    Voters in Maine, Maryland and Washington approved gay marriage earlier this month.

    But 31 states have amended their constitutions to prohibit same-sex marriage. North Carolina was the most recent example in May. In Minnesota earlier this month, voters defeated a proposal to enshrine a ban on gay marriage in that state's constitution.

    The biggest potential issue before the justices comes in the dispute over California's Proposition 8, the state constitutional ban on gay marriage that voters adopted in 2008 after the state Supreme Court ruled that gay Californians could marry.

    The case could allow the justices to decide whether the U.S. Constitution's guarantee of equal protection means that the right to marriage cannot be limited to heterosexuals.

    A decision in favor of gay marriage could set a national rule and overturn every state constitutional provision and law banning same-sex marriages. A ruling that upheld California's ban would be a setback for gay marriage proponents in the nation's largest state, although it would leave open the state-by-state effort to allow gays and lesbians to marry.

    In striking down Proposition 8, the 9th U.S. Circuit Court of Appeals crafted a narrow ruling that said because gay Californians already had been given the right to marry, the state could not later take it away. The ruling studiously avoided any sweeping pronouncements.

    The larger constitutional issue almost certainly will be presented to the court, but the justices would not necessarily have to rule on it.

    The other issue the high court will take on involves a provision of the Defense of Marriage Act, known by its acronym DOMA, which defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.

    Four federal district courts and two appeals courts struck down the provision.

    The justices chose for their review the case of 83-year-old Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

    Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

    There is no dispute that if Windsor had been married to a man, her estate tax bill would have been $0.

    The 2nd U.S. Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection.