Here's a
good summary by Emily Belz of World magazine and where things are at with gay "marriage" and the Supreme Court and where to from here.
In the national debate gay marriage advocates appear triumphant, even
though the Supreme Court justices strongly indicated they don’t intend
to issue the sweeping ruling that gay advocates want. Despite the
political pressure, the justices don’t appear ready to say that same-sex
marriage is a constitutional right, but instead in the arguments they
sought to narrow how they decide the questions before them.
She notes that
The high court seemed ready to let that battle in the ballot
boxes continue, which is what traditional marriage supporters had
advocated. Both the DOMA and Prop 8 cases are exceedingly complex, and
the court has many options for resolving them. The justices could issue
broad rulings, issue narrow rulings, or dismiss the cases on
technicalities like standing or jurisdiction.
If the court does decide the cases on their merits, Justice
Anthony Kennedy, the key vote who has written the court’s two major
gay-rights opinions, seemed unwilling to go as far as the challengers to
Prop 8 and DOMA want: that gay marriage is a constitutional right.
During arguments he said gay marriage advocates were asking the court to
go into “uncharted waters,” and he wasn’t sure which metaphor those
waters led to: a “wonderful destination” or a “cliff.”
The one thing that apparently held Kennedy back was the lack of
social science evidence of the effect of gay marriage on children. In
the Prop 8 arguments he noted, “We have five years of information to
weigh against 2,000 years of history or more.”
And the final result? Continued battling it out in the states.
If the justices do what it looks like Kennedy may want them to
do—ban the federal government from defining marriage and give that power
to individual states—the political future is not necessarily inevitably
and nationally victorious for gay marriage advocates. As of now, 41
states have defined marriage as between a man and a woman, and nine have
legalized same-sex marriage. Despite polls shifting in favor of
same-sex marriage, states remain that will probably maintain traditional
marriage laws for the foreseeable future.
The morning of the DOMA arguments, several Supreme Court
litigators sat in the court’s cafeteria drinking coffee and parsing the
arguments. One had printed out the transcript from the previous day’s
arguments, which he thumbed through as his colleagues brought up points.
They made educated predictions, but landed ultimately where the most
novice Supreme Court observer is: They have no idea what the court will
do when it rules on the cases this summer.
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