WASHINGTON (BP) – The U.S. Supreme Court has announced the dates it will hear two huge cases concerning lawsuits that could reaffirm the historical definition of marriage or lead to the legalization of gay marriage – March 26 and 27.
The high court will consider the constitutionality of California's Proposition 8 March 26 and the federal Defense of Marriage Act March 27. Combined, the two cases could lead to the legalization of gay marriage nationwide – or the affirmation of current laws. The court previously had announced it was taking the cases but it didn't reveal the oral argument dates until Monday (Jan. 7).
Some are calling the cases the “Roe v. Wade” of gay marriage. But Christian groups are hoping for a more positive outcome.
At issue in the Prop 8 case is whether California – and possibly by extension any state – can legally define marriage as between one man and one woman. The Defense of Marriage Act (DOMA) case concerns a similar issue: whether the federal government can define marriage in the traditional sense, and thereby not recognize gay marriage in the states where it's legal.
Nine states recognize gay marriage, and 30 have constitutional amendments defining marriage as between one man and one woman. The other 11 states define marriage in statutes as between a man and a woman.
If the Supreme Court strikes down California Prop 8, then the 41 states that don't recognize gay marriage could be forced to do so. If it overturns DOMA, then the federal government will be forced to recognize the gay marriages of the nine states where it's legal, something it currently does not.
Lower courts struck down DOMA and Prop 8 in the cases at issue.
California voters passed Prop 8 in 2008 by a margin of 52-48. The amendment reads, “Only marriage between a man and a woman is valid or recognized in California.” It reversed a California Supreme Court ruling that had legalized gay marriage.
“Every one of the numerous legal steps we have taken for the past four years has been in anticipation of this moment,” Andy Pugno, general counsel for California's ProtectMarriage.com, said in a December statement. ProtectMarriage.com is the organization behind Prop 8.
“Arguing this case before the Supreme Court finally gives us a chance at a fair hearing, something that hasn't been afforded to the people since we began this fight,” Pugno said. “We are delighted that the nation's highest court will decide whether to uphold the will of more than seven million Californians who voted to preserve the unique definition of marriage as only between one man and one woman.”
The Defense of Marriage Act was passed by Congress in 1996 and signed by President Clinton.
“Marriage between a man and a woman is a universal good that diverse cultures and faiths have honored throughout the history of Western Civilization,” Alliance Defending Freedom (ADF) attorney Jim Campbell said in a December statement. ADF supports DOMA and Prop 8.
“Marriage expresses the truth that men and women bring distinct, irreplaceable gifts to family life. The ProtectMarriage.com legal team looks forward to advocating before the U.S. Supreme Court on behalf of the people's right to preserve this fundamental building block of civilization,” Campbell said.
(EDITOR’S NOTE – Compiled by Michael Foust, associate editor of Baptist Press.)