All eyes are on the US Supreme Court as it takes up for the first time a landmark case relating to the delicate and divisive issue of same-sex marriage. Braving rain and snow, hundreds of people, predominantly gays and lesbians, have been camping outside the court complex for days, raising slogans and holding up signs on their right to marry anyone of their choice. Naysayers, too, are there with their counter-refrain.
As the inclement weather finally gave way to bright sunshine on Tuesday, the apex court began hearing arguments on appeals over State and federal laws restricting gay marriage. Its first task is to tackle an appeal against California’s ban on same-sex marriage, brought about through a public vote in 2008 on what is called Proposition 8. That will be followed by hearing a challenge to the federal Defence of Marriage Act.
With both the measures defining marriage as a union between a man and a woman, thereby effectively denying legal recognition to gay marriage, the court is expected to give its ruling in June.
On the eve of the court battle, some polls suggested fast-growing public acceptance of same-sex marriage in the United States. A CNN poll said 53 per cent of Americans now back gay marriage as against only 40 per cent in 2007. Although California went back after initially approving same-sex marriage because of the Proposition 8 vote, nine US States and the District of Columbia now allow gay and lesbian couples to marry.
President Barack Obama became the first sitting US president to support gay marriage at the height of his re-election campaign last year. Announcing that his thinking on the subject has evolved, he affirmed last May that “same-sex couples should be able to get married”.
The federal Defence of Marriage Act which is now under challenge had been signed into law by former President Bill Clinton after it was passed with broad bipartisan support in 1996. It denies federal benefits to same-sex couples who are legally married in their respective States. In recent days, several political figures have come out in support of same-sex marriage. The list includes Hillary Clinton, who is widely being seen as a Democratic probable for the next White House race, Democratic Senators Mark Warner of Virginia and Claire McCaskill of Missouri. Earlier this month, Rob Portman became the first Republican Senator to come out in support, admitting his decision was influenced by his own son, who is gay.
Analysts believe that the Supreme Court has several options while dealing with Proposition 8. It could uphold the measure, effectively ruling that gay marriage is not a constitutional right, leaving it to individual States to deal with the matter in its own way. Alternatively, the court could strike down Proposition 8. Any ruling that denying marriage to committed gay couples is unconstitutional could legalize gay marriage nationwide.
The other options projected in the US media include dismissing the appeal on procedural grounds and returning the Proposition 8 case to a federal court in San Francisco.