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Gay marriage goes to US Court

March 26, 2013

The US Supreme Court has begun hearing arguments in two high-profile cases that could change the law on gay marriage nationwide. Currently, only nine states and the District of Columbia allow same-sex couples to wed.

https://p.dw.com/p/184WY
A protester raises a flag outside of the U.S. Supreme Court in Washington, March 26, 2013. America's top court takes up the delicate and divisive issue of gay marriage on Tuesday when the nine Supreme Court justices consider the legality of a California ballot initiative that limits marriage to opposite-sex couples. REUTERS/Joshua Roberts (UNITED STATES - Tags: POLITICS SOCIETY CRIME LAW)
Image: Reuters

Thousands gathered outside of the Supreme Court in Washington, D.C. on Tuesday morning to catch a glimpse of proceedings that could go down in history. At stake is the future of gay marriage across the 50 United States, where the issue of allowing same sex couples to wed continues to divide the nation.

The nine Supreme Court justices are scheduled to hear two cases over the next two days, the first tackling the issue of the ban on same-sex marriage in California.

USA: für oder gegen Verbot der Homo-Ehe

Tuesday's proceedings will look at the constitutionality of a 2008 California referendum, known as Proposition 8, which amended the State Constitution to ban gay marriage shortly after the California Supreme Court had ruled it legal.

Two well-known lawyers - who represented opposing sides in the Bush v. Gore election case in late 2000 - are to argue together against Proposition 8 on Tuesday.

Thedore B. Olson and David Boies will challenge the California ban on behalf of two couples, Paul Katami and Jeff Zarrillo and Kris Perry and Sandy Tier, by arguing that, without the legal protection of marriage, sex-same couples are being denied "equal protection of the law" promised by the US Constitution.

Threat to democratic process

Charles J. Cooperis is to represent the proponents of the ban and is expected to argue that the Supreme Court should not strike down California's decision, as such a decision would override democratic process.

On Wednesday, the justices will hear arguments in a separate case concerning the constitutionality of the 1996 Defense of Marriage Act (DOMA) signed into law by President Bill Clinton. Under DOMA, marriage is defined as a legal union between one man and one woman. The Supreme Court is expected to deliver verdicts in both cases by June.

While the issue of same-sex marriage divides many in the US, a recent poll by the Pew Forum on Religion and Public Life has shown that public opinion has changed quickly since 2001. About 49 percent of Americans favor changing the law on homosexual unions, compared to only 35 percent in 2001. By contrast, 44 percent continue to favor bans, a drop from 57 percent in 2001.

kms/rc (AFP, AP, dpa)