How Should High Court Rule on Same-Sex Marriage?

By Paige Austin

As soon as Wednesday, the United States Supreme Court is expected to issue two watershed rulings on same-sex marriage.

At issue is the constitutionality of California’s Proposition 8, the measure passed by voters in 2008 amending the state constitution so that “only marriage between a man and a woman is valid or recognized in California.”

A lower court overturned the measure, finding that it was unconstitutional.

Based upon the pointed questions asked by the justices during oral arguments, many court watchers are prognosticating a split decision allowing the lower court’s decision to stand. Even if the Supreme Court shies away from a broad ruling on the constitutionality of bans against same-sex marriage, a ruling based on procedural issues that allows the lower court’s decision to stand could mean that same-sex marriage would once again be legal in California.

The court is also expected to rule on the federal Defense of Marriage Act, which prohibits same-sex couples from sharing in one another’s federal benefits. If overturned, it would mean that married same-sex couples would have access to the full range of federal benefits bestowed on wedded heterosexual couples.

Since California last took up the issue of same-sex marriage in 2008, opinion polls show a shift from a majority against same-sex marriage to a majority in favor of the unions.