The United States Supreme Court is currently ruling on one of the most controversial cases of our time: the legalization of gay marriage.
In 2008, California passed Proposition 8, an amendment to their state constitution which allows only heterosexual marriages in the state. After multiple lawsuits were filed against Prop 8, the case was appealed to the Supreme Court in mid-2012, with oral arguments beginning on Mar. 26. The case, Hollingsworth v. Perry, will address issues such as the history of marriage, prejudice against gays and the effects of gay marriage on those children of the gay couple.
Proponents of gay marriage argue that the Constitution’s Equal Protection Clause in the Fourteenth Amendment should allow gay couples to marry. If the court decides in favor of this, it will allow those couples certain benefits, such as inheritance and taxation and the adoption of children to gay couples will go much more smoothly.
“It’s ridiculous that gay rights are even a controversial topic. Who people choose to share their affection with is strictly a personal affair. It wasn’t all that long ago that black rights were nonexistent, and it won’t be much longer before we realize that this is just another form of senseless oppression,” senior Greg Krause said.
The Defense of Marriage Act (DOMA) was passed in 1996 by former President Bill Clinton allowing states to choose to recognize same-sex marriage, but other states and the federal government do not have to recognize the marriage. Section 3 of the act restricts these couples from federal benefits, such as insurance from the government and filing joint tax returns. Along with Prop 8, the Supreme Court is ruling on the constitutionality of this act.
Those arguing against gay marriage say marriage is a religious institution, with the definition of marriage being between a man and a woman. They also say marriage is not a right, and gay marriage would not aid in procreation.
“I believe the institution of marriage should be between a man and a woman. Each gender has specific, integral qualities that are necessary in marriages and families,” senior McKinzie Davis said. “But I do not support discrimination, and I don’t harbor any ill will towards gay and lesbian couples.”
Both sides of the argument have been posted on social media outlets, such as Facebook and Twitter. Some have changed their profile pictures to a red equal sign with a red background, showing their support for gay marriage. Others changed their pictures to red crosses, equal signs with a line through it, or silhouettes of a man and a woman, symbolizing traditional marriage.
So far, the Supreme Court justices’ opinions and views have been scattered. Justice Samuel Alito said our information on gay marriage is scarce, saying it is “newer than cell phones or the Internet.” On the other side, Justice Sonia Sotomayor asked Charles Cooper, the attorney defending Prop 8, if they had any other reason, besides marriage, to deny homosexual couples certain benefits from the government. Cooper said he did not.
While personal and religious beliefs affect the way people feel about this issue, much of the drama over this case has to do with the politics behind it, specifically the constitutionality of Prop 8.
“Marriage is not a political nor a national issue,” senior Shane Frazier said. “States should decide whether or not they should legalize gay marriage. If people vote for it, then it is the general view of the people. Denying a vote on gay marriage is saying people don’t have this right.”
Experts do not expect a decision from the Supreme Court for quite a few months.