The United States Supreme Court often faces landmark cases, like Brown v. Board of Education and Miranda v. Arizona, and their immense impact on American society today is undeniable. Will the Court make history again when it hears arguments regarding the country-wide implementation of same-sex marriage?
On January 16, the Court made waves when it announced its decision to hear four lawsuits from Michigan, Ohio, Kentucky, and Tennessee that all raised constitutional questions regarding bans on same-sex marriage. While the Court has ruled on same-sex marriages before, it has not ruled on cases in this manner. The significant difference is that these cases will decide whether or not the states have the power to ban same-sex marriage at all.
The most recent case was US v. Windsor (2013)— the Court struck down a large portion of the Defense of Marriage Act, which forbid same-sex couples from receiving federal benefits. It never explicitly lifted bans on same-sex weddings in the states, but it provided headway for the movement to expand. Of the 36 states that have passed legislation or made decisions via its state courts, 26 of the decisions were in response to this case.
While most of the Southern states will be affected, a few Midwestern states will be as well. In addition to the four states whose lawsuits are involved in the case, this includes Alabama, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Nebraska, the Dakotas, and Texas. However, Mississippi and Missouri both recognize marriages from out of state. Every other state in the Union currently has marriage equality policies that legalize same-sex marriages, so nothing would really change.
In New Jersey, same-sex marriage was officially legalized in the fall of 2013. Originally, a law was passed and handed to Governor Christie, but he vetoed it. Despite this, judicial review made it constitutional when the state court unanimously found the ban unconstitutional, and many marriages have been conducted since.
“Just because there are minority groups, it doesn’t mean that they shouldn’t have the same rights. It’s 2015. It’s time for change,” adds Jessica Burchett ‘16. When asked how this case may change the nation, she stated that she hopes things will become better for all. Like her, Renee Stemcovski’16 states, “I feel that people should marry who they want if they love them.”
Despite the presence of views like these, major opposition groups remain an issue. Most prominently, the Westboro Baptist Church continues to spread an overtly anti-gay message at military funerals and funerals for victims of violence, like those of Newtown, Connecticut. No matter what the Court rules on this issue, there will always remain an unsatisfied portion of the population.
Even though opposition persists, the Court’s decision will affect millions, including not only same-sex couples, but their children as well. In Michigan, children who are adopted by same-sex couples belong legally to one parent, not both. If anything were to happen to the parent, his/her partner could not legally keep the child. In Ohio, couples are suing for the right to be recognized on their children’s birth certificates.
This case could follow in the footsteps of some of the most influential cases in law. It could be looked at as one of most important decisions heard by the Supreme Court, but for now, it must wait. The world will wait, wanting to know what the Court thinks and interprets, holding its breath for the final verdict.
dani Hyde • Nov 16, 2015 at 1:22 pm
I really appreciate that the Devils advocate is writing about the new steps that the Supreme court takes for gay rights. It is important that the students keep educated about what is going on in the United States. Great job!
Hunter • Feb 27, 2015 at 1:39 pm
I think that same sex marriage is something that should not be limited, as Americas is a place where people should be able to be themselves without being threatened. I believe that David Edward brought up many good points.
Ahmed • Feb 27, 2015 at 1:35 pm
Equal rights= a better, thriving, America. The Constitution states that all people are equal and this pertains gay/lesbian people.
Sarah Desatnick • Feb 27, 2015 at 1:29 pm
I agree with the topic of same sex marriage and think it is cool that other kids in the school feel the same way. You can never have enough articles about equality!
Rachael Fiorini • Feb 27, 2015 at 1:27 pm
People should be able to love whoever they want to regardless of gender. Government should not discriminate against same-sex couples, it is not their life or decision. Very well-written!
Abbey Farina • Feb 27, 2015 at 11:03 am
This article is very informative and discusses a controversial topic very well
David Edward • Feb 26, 2015 at 2:13 pm
I like this article, people need to realize thats its okay to love anyone. People complain that children growing around same sex parents will adapt to that lifestyle, but a numerous amount of children grown up in households that practice religion. ad regarding the birth certificate, thats insane. Why wouldnt you be able to have your name on your childs birth certificate. They are the ones who are responsible for the child, and if the legal parent get hurts or dies god forbid, thats insane that the person who took care of that child wouldnt be able to file custody, its ridiculous.
IsabelDiPalo • Feb 26, 2015 at 2:13 pm
Love should be equal for all, it doesn’t really matter who it is because the emotions are the same. I believe that laws shouldn’t prevent two people from expressing their love, especially if it discriminates.
Era Atre • Feb 26, 2015 at 2:09 pm
I liked the article! I do support same-sex marriage so this is great
Pj • Feb 26, 2015 at 2:07 pm
This is great, im glad further steps are being taken to progress equal rights for gay marriage, people should be able to spend the rest of their lives with the people they care about regardless of race gender or ethnicity
Pj • Feb 26, 2015 at 10:17 am
This is great. Equal rights for everyone is aweome
Matt Auletti • Feb 26, 2015 at 10:11 am
Great article!