Jeffrey Hu ’14: The Supreme Court has recently agreed to hear two cases concerning same-sex marriage, bringing the debate to the highest judicial level and opening the possibility of national legislation on the matter.
One case originating from California will force the Supreme Court to rule on Proposition Eight, a voter initiative meant to amend California’s constitution to only allow marriage between a man and a woman.
The other, from New York, challenges a law that requires the federal government to deny aid to gay and lesbian couples, even in states where such marriages are legal.
For the case concerning Proposition Eight, the Supreme Court will have the decision to either uphold the amendment or overturn it, deeming it unconstitutional.
However, the true weight of the case will be determined by whether or not the justices choose to make their decision on a national level. Many supporters remain optimistic that the Supreme Court will not only reverse the proposition but also widen their decision to end gay-marriage bans in all states.
In the New York case, the Supreme Court will be forced to reconsider the constitutionality of the Defense of Marriage Act. The act, which became federal law in 1996, denies certain government benefits to same-sex couples. The specific case in question involves a New York woman who, after the death of her spouse, was forced to pay a $363,000 estate tax bill that would not have been assessed if she had been married to a man.
Regardless of the Court’s ultimate decision, many same-sex marriage supporters believe that the Supreme Court’s sheer willingness to hear the cases reflects the American public’s changing opinion towards such relationships.
Recent Wall Street Journal polls have indicated that a majority of Americans support same-sex marriage, with a 51-40 percent margin. Only eight years ago, a similar poll, also done by the Wall Street Journal, found that 62 percent of people were opposed to same sex marriage, with only 30 percent in clear support.
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