Photos Loading
previous next
  • Jacquelyn Martin / AP Photo

    In this photo taken Saturday, March 23, 2013, Jessica Skrebes of Washington reads while waiting in line with others outside of the U.S. Supreme Court in Washington in anticipation of Tuesday's Supreme Court hearing on California's Proposition 8 ban on same-sex marriage, and Wednesday's Supreme Court hearing on the federal Defense of Marriage Act, which defines marriage as the union of a man and a woman.

  • Jeff Chiu / AP Photo

    This photo taken Feb. 8, 2013, shows Sandy Stier, left, and Kris Perry, the couple at the center of the Supreme Court's consideration of gay marriage, at their home in Berkeley, Calif. Whatever the outcome of their momentous case, Perry and Stier, who have been together 13 years, will be empty-nesters as the last of their children will heads off to college.

  • Jose Luis Magana / AP Photo

    Sandy Stier, left, and Kris Perry of Berkeley, Calif., stand outside the National Archives in Washington, Monday, March 25, 2013, before going inside to view the U.S. Constitution, a day before their same-sex marriage case is argued before the Supreme Court.

  • Jose Luis Magana / AP Photo

    Joey Williamson, left, and Gary Brown form New York City, cover themselves from the snow as they wait in line outside of the Supreme Court in Washington, Monday March, 25, 2013, a day before the court hearing on same-sex marriage.

  • Jose Luis Magana / AP Photo

    Sandy Stier, left, and Kris Perry of Berkeley, Calif., arrive at the National Archives in Washington, Monday, March 25, 2013, to view the U.S. Constitution, a day before their same-sex marriage case is heard before the Supreme Court.

  • Jose Luis Magana / AP Photo

    Sandy Stier, left, and Kris Perry stand outside the National Archives in Washington, Monday, March 25, 2013, before going inside to view the U.S. Constitution, a day before their same-sex marriage case will be heard before the Supreme Court.

  • Jose Luis Magana / AP Photo

    Taylor, Talla and Vincent Carter cover themselves from the snow as they wait in line outside of the Supreme Court in Washington, Monday March, 25, 2013, to watch Tuesday's same-sex marriage hearing before the Supreme Court.

  • Jose Luis Magana / AP Photo

    People wait in line outside of the Supreme Court in Washington, Monday March, 25, 2013, a day before the court will hear a same-sex marriage case.

  • Pablo Martinez Monsivais / AP Photo

    Marcus, left, and Daniel German-Dominguez stand outside the Supreme Court in Washington, Tuesday, March 26, 2013, before the court's hearing on California’s voter approved ban on same-sex marriage.

  • Pablo Martinez Monsivais / AP Photo

    Demonstrators stand outside the Supreme Court in Washington, Tuesday, March 26, 2013, where the court will hear arguments on California’s voter approved ban on same-sex marriage, Proposition 8.

0 comments | Print

Calif. gay marriage argument at high court Tuesday

Published: Monday, Mar. 25, 2013 - 6:57 am

The Supreme Court is wading into the fight over same-sex marriage at a time when public opinion is shifting rapidly in favor of permitting gay and lesbian couples to wed, but 40 states don't allow it.

The court's first major examination of gay rights in 10 years begins Tuesday with a hearing on California's ban on same-sex marriage. On Wednesday, the justices will consider the federal law that prevents legally married gay couples from receiving a range of benefits afforded straight married Americans.

Actor-director Rob Reiner, who helped lead the fight against California's Proposition 8, was at the head of line Tuesday morning. Some people waited since Thursday - even through light snow - for coveted seats for the argument.

Both sides of the case were represented outside the courthouse. Supporters of gay marriage came with homemade signs including ones that read "a more perfect union" and "love is love."

Among the opponents was retired metal worker Mike Krzywonos, 57, of Pawtucket, R.I. He wore a button that read "marriage 1 man + 1 woman" and said his group represents the "silent majority."

The two California couples challenging the voter-approved ban on same-sex marriage in the nation's largest state also are at the court for the argument and are urging the justices to strike down not just the California provision, but constitutional amendments and statutes in every state that define marriage as the union of a man and a woman.

They envision the 21st century equivalent of the court's 1967 decision in Loving v. Virginia that struck down state bans on interracial marriages.

The Obama administration has weighed in on behalf of the challengers, following President Barack Obama's declaration of support for same-sex marriage last year and his invocation of gay rights at his inauguration in January.

Supporters of Proposition 8 say the court should respect the verdict of California voters who approved the ban in 2008 and let the fast-changing politics of gay marriage evolve on their own, through ballot measures and legislative action, not judicial decrees.

Same-sex marriage is legal in nine states and the District of Columbia. The states are Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington.

Thirty states ban same-sex marriage in their state constitutions, while ten states bar them under state laws. New Mexico law is silent on the issue.

Polls have shown increasing support in the country for gay marriage. According to a Pew Research Center poll conducted in mid-March, 49 percent of Americans now favor allowing gays and lesbians to marry legally, with 44 percent opposed.

The California case is being argued 10 years to the day after the court took up a challenge to Texas' anti-sodomy statute. That case ended with a forceful ruling prohibiting states from criminalizing sexual relations between consenting adults.

Justice Anthony Kennedy was the author of the decision in Lawrence v. Texas in 2003, and he is being closely watched for how he might vote on the California ban. He cautioned in the Lawrence case that it had nothing to do with gay marriage, but dissenting Justice Antonin Scalia predicted the decision would lead to the invalidation of state laws against same-sex marriage.

Kennedy's decision is widely cited in the briefs in support of same-sex unions.

The court has several options for its eventual ruling, which is not expected before late June. In addition to upholding the ban and invalidating prohibitions everywhere, the justices could endorse an appeals court ruling that would make same-sex marriage legal in California but apply only to that state. They also could issue a broader ruling that would apply to California and eight other states: Colorado, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island. In those states, gay couples may join in civil unions or become domestic partners and have all the benefits of marriage but cannot be married.

One other possibility is a ruling that says nothing about marriage. California's top elected officials, Gov. Jerry Brown and Attorney General Kamala Harris, are refusing to defend Proposition 8, and there is a question about whether the Proposition 8 supporters have the right, or legal standing, to defend the measure in court. If the justices decide they do not, the case would end without a high court ruling about marriage, although legal experts widely believe same-sex marriages would quickly resume in California.

The California couples, Kris Perry and Sandy Stier of Berkeley and Paul Katami and Jeff Zarrillo of Burbank, filed their federal lawsuit in May 2009 to overturn the same-sex marriage ban that voters approved the previous November. The ballot measure halted same-sex unions in California, which began in June 2008 after a ruling from the California Supreme Court.

Roughly 18,000 couples were wed in the nearly five months that same-sex marriage was legal and those marriages remain valid in California.

The high-profile case has brought together onetime Supreme Court opponents. Republican Theodore Olson and Democrat David Boies are leading the legal team representing the same-sex couples. They argued against each other in the Bush v. Gore case that settled the disputed 2000 presidential election in favor of George W. Bush.

Opposing them is Charles Cooper, Olson's onetime colleague at the Justice Department in the Reagan administration.

The case is Hollingsworth v. Perry, 12-144.

---

Associated Press writer Jessica Gresko contributed to this report.

---

Follow Mark Sherman on Twitter at: www.twitter.com/shermancourt

Follow Jessica Gresko on Twitter at: www.twitter.com/jessicagresko

Read more articles by MARK SHERMAN



About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "Report Abuse" link below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "Report Abuse" link to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

• Don't flag other users' comments just because you don't agree with their point of view. Please only flag comments that violate these guidelines.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "Report Abuse" link to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them.

hide comments
Sacramento Bee Job listing powered by Careerbuilder.com
Quick Job Search
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older



Find 'n' Save Daily DealGet the Deal!

Local Deals