High court to tackle same-sex marriage
December 7th, 2012
03:18 PM ET
10 years ago

High court to tackle same-sex marriage

Washington (CNN) - The Supreme Court will tackle the contentious issue of same-sex marriage and hear two constitutional challenges to state and federal laws dealing with the recognition of gay and lesbian couples to legally wed.

In a one-page order on Friday, the court took on what will be one of the most important issues in its history. The decision to review the matter came just weeks after voters approved same-sex marriage in three states.

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Oral arguments will likely be held in March with a ruling by late June.

One appeal to be heard involves the federal Defense of Marriage Act or DOMA, which denies federal benefits to same-sex couples legally married in their own state.

The second is a challenge to California's Proposition 8, a voter-approved referendum that took away the right of same-sex marriage that previously had been approved by the state's courts.


Filed under: Same-sex marriage • Supreme Court
soundoff (6 Responses)
  1. Data Driven

    Hm, I smell another 5-4 decision. Which conservative judge will rule on the side of more rights and freedom? Or will all 5 conservatives rule to keep bigotry enshrined? This will be a very interesting case.

    December 7, 2012 03:29 pm at 3:29 pm |
  2. Kelby in Houston, TX

    really? again? can't we just let them do what they wanna do?
    Can't we just legalize gay?
    I'm really tired of talking about gay rights.
    I mean...shouldn't this conversation be over by now?
    Let them get married...they ain't gonna hurt nobody?

    December 7, 2012 03:32 pm at 3:32 pm |
  3. Rudy NYC

    Republicans have been wanting a "marriage amendment" for a good reason. There's nothing in the US Constitution prohibiting or preventing same sex marriages. The only reason these cases have made it to the SCOTUS is because of ideological judges punting the cases upstairs, instead of throwing them out of court because of lack of merit.

    Your personal views are irrelevant. The 1st Amendment guarantees the freedom of religion. The far right seems to think that means it grants them the right to express and impress their religious views on everyone. They could not be more wrong.

    The 1st Amendment also clearly defines a government that is free of religion. In my opinion, anyone who justifies legislation based upon their religious views is advocating unconstitutional legislation. That's the letter of the law, folks. And it would be unconstitutional to change it.

    December 7, 2012 03:36 pm at 3:36 pm |
  4. Rudy NYC

    The big "same sex marriage" court issue will be one state respecting the laws of another state when it comes to same sex marriage. The Constitution is explicitly clear on this issue. Any state must respect the laws of any other state.

    If you get married in state A, but move to state B that bans same sex marriage, then state B *must* grant the couple all of the rights of a legally married couple, as if they were a heterosexual couple that was married in state A.

    December 7, 2012 03:48 pm at 3:48 pm |
  5. Sniffit

    DOMA and the rest of it are going down. It's all just a matter of tim, just like the slow death-by-demography that the GOP is dying. Kennedy has written some of the most important gay rights decisions and is likely to side with the libs on this one. And when that becomes obvious, Roberts will too in order to shape his legacy and not be on the wrong side of history. Scalia, Thomas and Alito will all have mental breakdowns and hopefully Obama gets to replace them haha...particularly Scalia, who has in the past said some extremely nasty things about gay people.

    December 7, 2012 03:50 pm at 3:50 pm |
  6. They ought to change from the elephant to the hippo...

    Good... Would be nice to get this settled. (Although, somehow no matter how it's decided, it probably won't be settled...)

    December 7, 2012 04:07 pm at 4:07 pm |