NOM BLOG

Supreme Court Weighing Gay Marriage Cases

 

The Chicago Tribune:

The running fight over gay marriage is shifting from the ballot box to the Supreme Court.

Three weeks after voters backed same-sex marriage in three states and defeated a ban in a fourth, the justices are meeting Friday to decide whether they should deal sooner rather than later with the claim that the Constitution gives people the right to marry regardless of sexual orientation.

The court also could duck the ultimate question for now and instead focus on a narrower but still important issue: whether Congress can prevent legally married gay Americans from receiving federal benefits otherwise available to married couples.

The court could announce its plans as soon as Friday afternoon. Any cases probably would be argued in March, with a decision expected by the end of June.

... 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.

But if the high court ends up reviewing the case, both sides agree that the larger constitutional issue would be on the table, although the justices would not necessarily have to rule on it.