University of California, Davis law professor Vikram Amar told WSJ that he would be “quite surprised” if Judge Vaughn Walker didn’t rule that Prop 8 is unconstitutional.
Final statements were heard this week in the California federal trial of Proposition 8, banning same-sex marriage. Walker questioned the argument that marriage is aimed at serving society’s importance in procreation.
The judge asked Ted Olson, who represents the two same-sex couples, why domestic partnerships aren’t sufficient. Mr. Olson responded with testimony from gay and lesbian witnesses describing the humiliation they felt by not being allowed to marry.
However Judge Walker rules, the case is likely headed for the 9th Circuit and then the Supreme Court.
(For more information on closing arguments, check these articles on NYT, WSJ, and LAT.)
Perry v. Schwarzenegger, which is currently before a federal district court in California but is likely to be appealed all the way to the U.S. Supreme Court, is the case to repeal Proposition 8 in California. The Perry case has scheduled closing arguments for next Wednesday. The case was taken to court by two couples, Kris Perry and Sandy Stier and their four children, and Paul Katami and Jeff Zarrillo. These couples are asking for equal marriage rights, which are granted to every other American family. Their rights are blocked from obtaining marriage licenses under California’s Proposition 8.
“We have come together in a nonpartisan fashion because the principle of equality before the law transcends the left-right divide and cuts to the core of our nation’s character. This is not about politics; it’s about an indispensable right vested in all Americans,” stated the advisory board of the American Foundation for Equal Rights, a supporter of the Perry case.
American courts have ruled on issues such as marriage since their forming. When the court faced the subject of interracial marriage, a Gallup poll stated that 74 percent of Americans disapproved, yet the courts voted for equality. A recent same-sex marriage poll showed 47 percent of people support same-sex marriage. The odds for equality are set much better and the uphill battle from the public is less resistant than for interracial marriage.
“Among individuals ages 18 to 29, an estimated 65 percent support marriage equality. Our history will soon be written by young people who are seizing the reins from the baby boomers’…. As the country evolved the meaning of one small word — “all” — has evolved as well,” stated Robert A. Levy, co-chair of the advisory board of the American Foundation for Equal Rights.
Gay and Lesbian federal workers can begin applying for same-sex benefits in July. The Office of Personal Management said that President Obama signed a memo that extends some benefits to same-sex partners of federal employees.
Benefits will now be offered to same-sex domestic partners of eligible federal workers, U.S. Postal workers and federal retirees. The Office of Personal Management will not extend access to opposite-sex domestic partners, because they can obtain the insurance through marriage, “an option not currently available to same-sex domestic partners,” the agency wrote in Tuesday’s Federal Register.
All same-sex couples must still apply but will not be asked to submit formal documentation of their domestic partnership. Same-sex partners will be asked the same set of health questions as married couples and no one is automatically guaranteed coverage.
The Massachusetts attorney general, Martha Coakley, asked that a federal court strike down the existing ban on gay marriage. Coakley filed suit against the ban, arguing that the law conflicts with a states individual rights to be able to define marriage or recognize civil unions in each state.
The 1996 Defense of Marriage Act has been challenged in federal courts twice this month. Arguing that the act is unconstitutional, gay rights groups brought a case before the judge earlier in May. Activists describe that it is unfair to allow benefits to straight couples but not to same-sex couples.
In Massachusetts., the attorney general’s offices is arguing that it is a state’s right to be able to define marriage. They claim that the Defense of Marriage Act could potentially deny couples Medicaid and several other same-sex couple benefits in Massachusetts.
Massachusetts has 15,000 same-sex couples that have married in the stated following the 2004 law making marriage legal for same-sex couples. There have been no indications of which side the rulings will favor.
Gallup reports that the percentage of Americans who view gay relationships as morally acceptable has risen to 52 percent. This is the first instance that this issue has crossed the 50 percent symbolic threshold. Americans are increasingly accepting gay people. Although the numbers of those supporting same-sex marriages has not risen as high, these new reports mark that equality is in sight.
The reports also help to reveal the cultural divide in America between conservatives and liberals with a large growing moderate base. The middle ground moderate Americans have made the largest shift in beliefs and acceptance. Moderates are quickly shifting to embrace gay relationships as “morally acceptable.” Their approval jumped to 64 percent, which is up 14 points since 2006.
The gradual increase and move towards acceptance are huge steps in the efforts for equality. Americans are still less supportive of same-sex marriage compared to gay and lesbian relationships. With continued efforts and work, this growing acceptance will turn into growing equality and support for same-sex marriage.
