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Marriage Equality

June 27, 2013 | By Jane Schacter
The twin rulings on marriage equality Wednesday were historic in different ways. One of them - Justice Anthony M. Kennedy's decision in Windsor vs. United States, which struck down a key portion of the federal Defense of Marriage Act - will be celebrated for its ringing endorsement of the equality and dignity of same-sex couples. The second decision is poised to be historic not so much for its language but for its effect. In Hollingsworth vs. Perry, the court found that Proposition 8's proponents lacked legal standing to appeal a lower court decision declaring that measure unconstitutional.
March 26, 2013 | By Matt Pearce, This post has been updated, as indicated below.
Tuesday's U.S. Supreme Court arguments over whether gay and lesbian couples have the right to marry in California became a spectacle both in D.C. and on the Web. In Washington, demonstrators expressed both opposition to and support of same-sex marriage while the justices heard oral arguments in what could become a landmark case for same-sex marriage's legality across the United States. The case involves California's Proposition 8, which voters passed in 2008 to ban same-sex marriage, trumping a state Supreme Court decision that had legalized it. On Wed­nes­day, the court will hear another gay-rights case: whether the fed­er­al De­fense of Marriage Act wrongly denies equal benefits to mar­ried gay couples.
February 8, 2012 | By Erwin Chemerinsky
Tuesday's federal court ruling declaring Proposition 8 unconstitutional can be easily explained: There is no legitimate government interest in prohibiting same-sex marriages. It is for this reason that the Supreme Court is likely to affirm the U.S. 9th Circuit Court of Appeals and hold that the denial of marriage equality to gays and lesbians violates the U.S. Constitution. In one sense, the 9th Circuit ruled narrowly, holding only that Proposition 8 was unconstitutional because it rescinded an existing right in the state.
December 9, 2012 | By Michael Klarman
On Nov. 6, for the first time in American history, a majority of voters in a state - indeed, in three states - approved same-sex marriage. On Friday, the Supreme Court decided to weigh in on the issue, granting review in cases challenging the constitutionality of the Defense of Marriage Act and in a case contesting the constitutionality of California's Proposition 8, which barred same-sex marriage. DOMA is likely to prove the easier issue for the court, assuming the justices rule on the merits of either or both cases (there are procedural issues that, depending on how the justices are inclined, could block them from considering the merits)
September 10, 2005 | Tobias Barrington Wolff, TOBIAS BARRINGTON WOLFF teaches law at UC Davis and is on the Equal Justice Society's board of directors.
IF GOV. ARNOLD Schwarzenegger follows through with his planned veto of the historic "marriage equality" bill enacted by the California Legislature, it will be a defining moment in his legacy. A public official who acts as a mere cipher for public opinion has not met the test of leadership. Leadership sometimes calls on officials to challenge us all to recognize principle, and to overcome fear and prejudice in favor of what is right.
May 19, 2012
Reacting to Eric J. Segall's Op-Ed article on Tuesday warning of a gay rights backlash if theU.S. Supreme Court overturns Proposition 8, reader Sara Wan of Malibu wrote: "It is wrong to suggest that pushing for civil liberties should be left to Congress and not include the judicial system. As long as discrimination is legal, it is harder to fight it. "Segall's analogy to past laws banning interracial marriage is incorrect. While there was not a specific push to legalize interracial marriage, the 1967 Supreme Court decision was the direct result of the civil rights movement.
March 27, 2013 | By Michael A. Memoli
WASHINGTON -- Six Democratic senators have announced their support for same-sex marriage in nearly as many days, policy reversals that reflect the changing politics of the issue as the Supreme Court hears arguments in potential landmark cases. Since Sunday, Sens. Claire McCaskill of Missouri, Jon Tester of Montana, John D. "Jay" Rockefeller IV of West Virginia, Mark Warner of Virginia, Mark Begich of Alaska and Kay Hagan of North Carolina issued statements in support of marriage equality, bringing to 47 the total number of senators now in favor.
May 8, 2012 | By David Lauter
News about same-sex marriage has pointed in two opposite directions recently. Today, unless preelection polls prove drastically wrong, voters in North Carolina will approve a constitutional amendment to ban not only same-sex marriages, but also civil unions as well. On the other hand, for weeks, national Democratic politicians have been virtually tripping over themselves to declare their support for marriage equality, seeking to get ahead of what they see as a shift in public opinion.
June 28, 2013 | By Hailey Branson-Potts and Christine Mai-Duc
Todd Barnes, a 49-year-old gay man and general manager of the Abbey, a well-known gay bar in West Hollywood, was married to a woman for six years and came out at 35. He said coming out to his wife was one of the most difficult things he's ever done. Upon hearing the  U.S. 9th Circuit Court of Appeals' decision Friday -- that same-sex marriages could resume in California -- Barnes had excitement in his voice. He hadn't expected the court to act so quickly. DOCUMENT: Court order dissolving stay "I'd say the sooner, the better," Barnes said, laughing with joy. "There's no reason to wait.
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