Personal Liberty Digest™ will be upgraded this weekend to reflect a dynamic new look and mobile-friendly viewing to enhance your experience! Plus, we'll be providing even more of the compelling content you've come to expect, delivered in a whole new way!

  Comments Subscribe to Personal Liberty News Feed Subscribe to Personal Liberty
 

Arguments For, Against Gay Marriage Laws Before SCOTUS Today

March 26, 2013 by  

Arguments For, Against Gay Marriage Laws Before SCOTUS Today
PHOTOS.COM

A pair of cases in which challenges to existing laws have made it all the way to the U.S. Supreme Court will inch closer to resolutions this week, with possible implications for sweeping changes to the way same-sex marriage is treated, both by the Federal government and by each State.

Beginning today, the high court will hear arguments on whether California’s Proposition 8 — a voter referendum that approved modifying the California State constitution so that only marriages between men and women would be recognized by the State — stands in violation of the U.S. Constitution. Since its passage in 2008, Proposition 8 has effectively banned same-sex marriage in California.

On Wednesday, the court will also hear arguments in a challenge to the 1996 Defense of Marriage Act (DOMA), a Federal law signed by President Bill Clinton. The DOMA defined marriage as a legal union between one man and one woman in the eyes of the Federal government.

Both cases present the potential to effect enormous changes in the way the state treats marriage.

While homosexuals in California have largely gotten around the implications of Proposition 8 through that State’s recognizing of same-sex “domestic partnerships” instead of marriage, the outcome of the Proposition 8 case still asks the high court to determine a Constitutional issue that would apply to all 50 States. The Proposition 8 case made it to the U.S. Supreme Court because the plaintiffs asked for a ruling on whether the U.S. Constitution prohibits the States from legislating that marriage can mean only the joining of a man and a woman.

The DOMA also challenges the Constitutionality of how the government recognizes marriage — at the Federal level. The case that brought a challenge to the DOMA involves a New York widow who was “married” to the same female partner for four decades, yet was not allowed, under DOMA, to claim a Federal estate tax exemption when her deceased partner’s property passed to her.

The DOMA case doesn’t address whether gays have a Constitutional right to marry; it simply asks the Supreme Court to decide whether Congress and the President have the power to withhold Federal benefits to same-sex partners that heterosexual partners receive.

Dozens of Congressmen, the Administration of President Barack Obama and the U.S. Attorney General’s office have all weighed in, asking the Supreme Court to overturn the Defense of Marriage Act. So has Clinton, who said he’s had a change of heart since signing the original legislation into law.

An opinion in both cases is expected in June.

Ben Bullard

Reconciling the concept of individual sovereignty with conscientious participation in the modern American political process is a continuing preoccupation for staff writer Ben Bullard. A former community newspaper writer, Bullard has closely observed the manner in which well-meaning small-town politicians and policy makers often accept, unthinkingly, their increasingly marginal role in shaping the quality of their own lives, as well as those of the people whom they serve. He argues that American public policy is plagued by inscrutable and corrupt motives on a national scale, a fundamental problem which individuals, families and communities must strive to solve. This, he argues, can be achieved only as Americans rediscover the principal role each citizen plays in enriching the welfare of our Republic.

Facebook Conversations

Join the Discussion:
View Comments to “Arguments For, Against Gay Marriage Laws Before SCOTUS Today”

Comment Policy: We encourage an open discussion with a wide range of viewpoints, even extreme ones, but we will not tolerate racism, profanity or slanderous comments toward the author(s) or comment participants. Make your case passionately, but civilly. Please don't stoop to name calling. We use filters for spam protection. If your comment does not appear, it is likely because it violates the above policy or contains links or language typical of spam. We reserve the right to remove comments at our discretion.

Is there news related to personal liberty happening in your area? Contact us at newstips@personalliberty.com

Bottom
close[X]

Sign Up For Personal Liberty Digest™!

PL Badge

Welcome to PersonalLiberty.com,
America's #1 Source for Libertarian News!

To join our group of freedom-loving individuals and to get alerts as well as late-breaking conservative news from Personal Liberty Digest™...

Privacy PolicyYou can opt out at any time. We protect your information like a mother hen. We will not sell or rent your email address to anyone for any reason.