Supreme Court Will Decide Whether to Hear Gay Marriage Cases Tomorrow

Supreme Court Will Decide Whether to Hear Gay Marriage Cases Tomorrow November 29, 2012


WASHINGTON (BP) — The nine justices of the U.S. Supreme Court will meet behind closed doors Friday to decide whether to take up several cases that could lead to the legalization of gay marriage in all 50 states.

The public won’t find out what they decided for several days — as early as Monday — but Friday’s meeting is significant enough that both sides in the cultural debate are guessing what will happen. If the court takes up the cases, it could end up being the “Roe v. Wade” of gay marriage.

At issue are two laws: a federal law known as the Defense of Marriage Act (DOMA) and a California constitutional amendment known as Proposition 8.

Technically, only one section of DOMA is before the court — the section that defines marriage in federal law as being between one man and one woman. But the legal arguments the Obama administration’s Justice Department attorneys are using to oppose that section could be used to overturn the entire law, conservative attorneys say. That other section gives states the option of not recognizing gay marriage laws from other states. Courts have been split on DOMA, although the cases before the high court overturned the federal section at issue. The Republican-controlled House of Representatives is defending DOMA in court.

California Prop 8 was approved by voters in 2008 and defines marriage as between a man and a woman. The Ninth Circuit Court of Appeals affirmed a lower court ruling that struck it down. If the Supreme Court takes the Prop 8 case, it could do a number of things, including upholding Prop 8 or — in what would be a nightmare for Christian legal groups and evangelicals — reversing laws in any state that define marriage as between a man and a woman. The court also could choose not to take the Prop 8 case, a decision which would legalize gay marriage in California. (Read more here.)

Compiled by Michael Foust, associate editor of Baptist Press. Get Baptist Press headlines and breaking news on Twitter (@BaptistPress), Facebook (Facebook.com/BaptistPress ) and in your email (baptistpress.com/SubscribeBP.asp).

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