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Wednesday 20.09.2017 | Name days: Marianna, Ginters, Guntra

US justices: time may be wrong for gay marriage case

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On Tuesday, March 26, the Supreme Court of the United States weighed the momentous question of whether gay and lesbian couples have a constitutional right to marry.

Six justices questioned whether the case, arising from a California ban on same-sex marriages, was properly before the court and indicated that they might vote to dismiss it. Justices who appeared sympathetic to same-sex marriage indicated that there was no principled way to issue a ruling that could apply only in California or only in the nine states that have robust civil union or domestic partnership laws but withhold the word “marriage,” reports The New York Times.

Justices were discussing whether voters in California were entitled to enact Proposition 8, which overturned a State Supreme Court decision allowing same-sex marriage.

“There are some 40,000 children in California, who live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case,” said Justice Anthony M. Kennedy.

Responding to an argument that homosexual couples cannot fulfill one of the basic functions if marriage – having kids, Justice Elena Kagan asked whether the government could ban a man and a woman who are over 55 from marrying because they would not be able to have children.

The court was eventually left with an all-or-nothing choice on the merits: either a ruling that would require same-sex marriage in all 50 states or one that would say that all states may do as they wish. Neither choice seemed attractive to a majority of the justices.

Ref: 105.105.105.3400


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