Same-sex Marriage Cases Get Supreme Court Review

Same-sex marriage cases get Supreme Court review Associated Press Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Updated 2:53 a.m., Saturday, December 8, 2012 In the area of racial discrimination, the justices already have agreed to decide cases on affirmative action in admission to college and a key part of the Voting Rights Act. The order from the court extends a dizzying pace of change regarding gay marriage that includes rapid shifts in public opinion, President Barack Obama's endorsement in May and votes in Maine, Maryland and Washington in November to allow gay couples to marry. Federal courts in California have struck down the state's constitutional ban on same-sex marriage, but that ruling and thus gay unions remain on hold while the issue is being appealed. The high court's decision to hear the federal benefit question, presented as a constitutional challenge to a provision of the Defense of Marriage Act, was a virtual certainty because several lower courts struck down the provision of the 1996 law and the justices almost always step in when lower courts invalidate a federal law. [...] the gay marriage supporters who prevailed in the lower courts urged the Supreme Court to stay out of the case and allow same-sex unions to resume in the nation's largest state. Even some gay rights activists worried that it was too soon in the evolution of views toward same-sex marriage to ask the justices to intervene and declare that same-sex couples have the same right to marry as heterosexuals. In both cases, the justices have given themselves a technical way out, involving the legal issue of whether the parties have the required legal standing to bring their challenges, which would allow them to duck all the significant issues raised by opponents and supporters of gay marriage.

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