Same-Sex Marriage Inches Toward High Court
Advocates are hoping two cases now in the federal courts may signal a turning point in the fight for gay marriage.
A federal court in Boston ruled last week that same-sex married couples deserve federal recognition. That case, along with another in California, is likely to move the battle closer to the U.S. Supreme Court.
One thing both sides agree on is that the stakes have never been higher.
Last week’s ruling that the federal government has to give marriage perks to gay couples married in Massachusetts was a major blow to the Federal Defense of Marriage Act — DOMA. And it sent opponents out on the road this week to sound the alarm.
Brian Brown with the National Organization for Marriage is touring about 20 states, imploring voters not to be “cowed” by activist judges. “It’s up to you,” he says. “If we don’t have 2 million activists, we’re not going to be able to put the pressure on courts and say, ‘No.’ These judges … think that their view of marriage is more enlightened than yours — and they don’t care!”
But advocates say courts are just doing their job — making sure laws don’t violate the Constitution. They see last week’s decision as a major breakthrough.
“Times are changing. And once one court is willing to strike a blow in this area, it sort of becomes like dominoes,” says Richard Socarides, former Clinton adviser on gay issues. He says even though the Massachusetts decision is relatively narrow, it paves the way for more, including the much more aggressive case in California that argues any ban on gay marriage is unconstitutional.
“I mean, I think you’re gonna to see as these cases mature — what is gonna start as trickle, but then which will pretty soon seem as an avalanche,” he says.