Friday, April 18, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Hope and fear in gay marriage cases at high court

WASHINGTON — Gay marriage supporters see 41 reasons to fret over the Supreme Court’s decision to take up the case of California’s ban on same-sex unions.

While nine states allow same-sex partners to marry, or will soon, 41 states do not. Of those, 30 have writtengay marriage bans into their state constitutions.

That fact is worrisome to those who firmly believe there is a constitutional right to marry, regardless of sexual orientation, but who also know that the Supreme Court does not often get too far ahead of the country on hot-button social issues.

“Mindful of history, I can’t help but be concerned,” said Mary Bonauto, director of the Civil Rights Project atGay and Lesbian Advocates and Defenders and a leader in the state-by-state push for marriage equality.

Bonauto was speaking before the court decided on Friday to take up cases on California’s constitutional ban ongay marriage and a federal law that denies to gay Americans who are legally married the favorable tax treatment and a range of health and pension benefits otherwise available to married couples.

In 2008, California voters approved the ban, Proposition 8, after the state Supreme Court ruled that gayCalifornians could marry. Since then, a federal appeals court struck down the constitutional provision, but did not authorize the resumption of same-sex marriages pending appeal.

Bonauto identified three earlier seminal rulings that once and for all outlawed state-backed discrimination, and observed that in each case the number of states that still had the discrimination on the books was far smaller.

Thirteen states still had laws against sodomy when the court said in 2003 that states have no right to intrude on the private, personal conduct of people, regardless of sexual orientation.

Interracial marriage still was illegal in 16 states in 1967 before the high court outlawed race-based state marriage bans.

In 1954, when the court issued its landmark decision in Brown v. Board of Education, 17 states had formally segregated school systems.

Cornell University law professor Michael Dorf said those cases illustrate a widespread misperception about the justices.

“There is a commonly held but inaccurate view that what the Supreme Court does is to impose its views on the country. It very rarely does that. Much more frequently, it will take a view that is either a majority in some place or a majority of elite opinion and speed up acceptance,” said Dorf, who was a Supreme Court law clerk to Justice Anthony Kennedy.

The forces that mounted the legal challenge to Proposition 8 have said all along that the right to marry is so fundamental that it should not depend on success at the ballot box or the votes of state legislatures. Washington lawyer Theodore Olson, representing gay Californians who wish to marry, said he will argue that there is a “fundamental constitutional right to marry for all citizens.”

But are there five justices, a majority of the court, willing to endorse that argument?

The fear among gay marriage proponents is that the court will refuse to declare that states can no longer define marriage as the union of a man and a woman, because to do so might provoke a backlash in public opinion and undermine acceptance of its authority.

A high court loss for gay marriage advocates would prevent same-sex marriages in the nation’s largest state. It would not affect the District of Columbia and the nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington — where gay couples can or soon will be able to marry.

But it could push back the day that many in the gay rights movement, looking at strong support for gaymarriage among younger Americans, see as inevitable: the Supreme Court’s endorsement of full marriage equality nationwide.

Commenting after the court’s action, Bonauto said she believes the court can uphold an appeals court ruling that struck down Proposition 8 in a way that applies to California only and “leave to a later day questions about broader bans on committed same-sex couples marrying.”

Opponents of gay marriage look to another court case, Roe v. Wade, that they say should serve as a cautionary tale. In 1973, the court voted 7-2 to declare that the Constitution protects a woman’s right to an abortion.

“Should the Supreme Court decide to overturn the marriage laws of 41 states, the ruling would become even more divisive than the court’s infamous Roe v. Wade decision,” said Tony Perkins, president of the Family Research Council. “Marriage, unlike abortion laws in the 1970s, has been incorporated into the state constitutions of 30 states. Voters in these states will not accept an activist court redefining our most fundamental social institution.”

To a degree, Perkins and Bonauto get some support from one of the nine people with a say in the matter, Justice Ruth Bader Ginsburg.

In February, Ginsburg questioned the timing of the abortion decision and suggested it may have contributed to the ongoing bitter debate about abortion.

“It’s not that the judgment was wrong, but it moved too far too fast,” Ginsburg said at Columbia University.

At the time of Roe v. Wade, abortion was legal on request in four states, allowed under limited circumstances in about 16 others, and outlawed under nearly all circumstances in the other states, including Texas, where the Roe case originated.

The court could have put off dealing with abortion while the state-by-state process evolved, she said. Or her predecessors could have struck down just the Texas law, which allowed abortions only to save a mother’s life, without declaring a right to privacy that legalized the procedure nationwide, Ginsburg said.

“The court made a decision that made every abortion law in the country invalid, even the most liberal,” Ginsburg said. “We’ll never know whether I’m right or wrong … things might have turned out differently if the court had been more restrained.”

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Puppies to take part in Vallejo dog show

By Adrienne Harris | From Page: A1 | Gallery

 
‘Same Time, Next Year’ opens in Benicia

By Amy Maginnis-Honey | From Page: B1

‘We Got Next’ Comedy Tour stops at Dimitri’s

By Amy Maginnis-Honey | From Page: B1

 
Man to stand trial in rural Vacaville killing

By Jess Sullivan | From Page: A1, 7 Comments | Gallery

 
Afisivalu announces run for Fairfield council

By Ryan McCarthy | From Page: A3, 1 Comment | Gallery

 
Tonnesen seeks Fairfield City Council seat

By Ryan McCarthy | From Page: A3 | Gallery

Family matriarch celebrates 100th birthday

By Ian Thompson | From Page: A3, 1 Comment | Gallery

 
Barbecue brings big crowd, progress to Parkway Gardens

By Ryan McCarthy | From Page: A3, 12 Comments | Gallery

Town hall on crime set in Fairfield

By Ryan McCarthy | From Page: A4, 7 Comments

 
Assist-A-Grad wraps up interviews

By Barry Eberling | From Page: A4 | Gallery

 
Napa County bridge to close for work

By Barry Eberling | From Page: A4

 
Crash shuts I-80 offramp to Highway 12

By Barry Eberling | From Page: A5, 4 Comments | Gallery

Weather for April 18, 2014

By Daily Republic staff | From Page: B12

 
Suisun City police log: April 16, 2014

By Susan Hiland | From Page: A12

Fairfield police log: April 16, 2014

By Susan Hiland | From Page: A12

 
.

US / World

Putin’s choice of words shed light on Ukraine

By The Associated Press | From Page: A1

 
Who gained, and what, at Ukraine talks

By The Associated Press | From Page: A1

Ukrainian unity on display with peaceful rallies

By The Associated Press | From Page: A1

 
Deal reached on calming Ukraine tensions – for now

By The Associated Press | From Page: A1

Salmon released in California river restoration

By The Associated Press | From Page: A4

 
Astronomers spot most Earth-like planet yet

By The Associated Press | From Page: A5

Jury convicts husband in Iraqi woman’s death

By The Associated Press | From Page: A5

 
1 dead, 1 injured in California boating accident

By The Associated Press | From Page: A5

BART fined $210,000 for worker deaths

By The Associated Press | From Page: A5, 1 Comment

 
Military shell prompted evacuation of hundreds

By The Associated Press | From Page: A5

Obama: 8 million signed up for health care

By The Associated Press | From Page: A6, 3 Comments

 
California health care sign-ups exceed projections

By The Associated Press | From Page: A6

Dirty creek, old purse solve four-decade mystery

By The Associated Press | From Page: A7

 
Man said to be homesick for prison gets 3 1/2 years

By The Associated Press | From Page: A8

Chelsea Clinton expecting first child this fall

By The Associated Press | From Page: A8

 
Holder: Hate crimes ‘an affront to who we are’

By The Associated Press | From Page: A8, 4 Comments

Spate of Mideast virus infections raises concerns

By The Associated Press | From Page: A10

 
Samples collected from oil slick not from plane

By The Associated Press | From Page: A10, 1 Comment

S. Sudan: 12 die after mob attacks UN base

By The Associated Press | From Page: A10

 
Peru volcano prompts evacuation of 4,000

By The Associated Press | From Page: A10

Nigeria: Fate of 115 abducted girls unknown

By The Associated Press | From Page: A10

 
Tiny power plants hold promise for nuclear energy

By The Associated Press | From Page: A13

Confused, chaotic scene described on sinking ferry

By The Associated Press | From Page: A13

 
.

Opinion

Internationally out of touch

By Letter to the Editor | From Page: A11, 4 Comments

 
Watch out for grandson scam

By Letter to the Editor | From Page: A11, 9 Comments

Why so much spent to find a plane?

By Letter to the Editor | From Page: A11, 2 Comments

 
Editorial Cartoons for April 18, 2014

By Daily Republic Syndicated Content | From Page: A11

Food brings back fond memories

By Bud Stevenson | From Page: A11, 1 Comment

 
.

Living

Today in History for April 18, 2014

By The Associated Press | From Page: A2

 
Community Calendar: April 18, 2014

By Susan Hiland | From Page: A2

My husband tells our sons that they don’t need to listen to me

By Kathy Mitchell and Marcy Sugar | From Page: B13

 
Horoscopes for April 18, 2014

By Holiday Mathis | From Page: B13

.

Entertainment

Week in preview April 18-24, 2014

By Amy Maginnis-Honey | From Page: B1

 
Review: ‘Heaven Is for Real’ heartfelt but dull

By The Associated Press | From Page: B2

 
Lost radio program featuring Hank Williams found

By The Associated Press | From Page: B3

 
‘Real Housewives’ TV star faces battery charge

By The Associated Press | From Page: B3

Ill, hospitalized Miley Cyrus postpones more shows

By The Associated Press | From Page: B3

 
Garcia Marquez, Nobel laureate, dies at 87

By The Associated Press | From Page: B3

Entertainment calendar April 18, 2014

By Susan Hiland | From Page: B4

 
TVGrid

By Daily Republic Syndicated Content | From Page: B6

.

Sports

Badminton update: Rodriguez, Armijo head toward post season

By Brian Arnold | From Page: B7 | Gallery

 
MEL boys roll to easy win over SCAC

By Paul Farmer | From Page: B7 | Gallery

Short-handed SCAC girls ‘gut out’ all-star win over MEL

By Paul Farmer | From Page: B7 | Gallery

 
Sharks beat Kings 6-3 in Game 1

By The Associated Press | From Page: B7 | Gallery

Dodgers get to Bumgarner early for win over Giants

By The Associated Press | From Page: B7 | Gallery

 
Clippers-Warriors series billed as must-see TV

By The Associated Press | From Page: B8

Kuchar builds on Masters momentum, shares Heritage lead

By The Associated Press | From Page: B8 | Gallery

 
War of words in Northwestern-athletes’ union fight

By The Associated Press | From Page: B8

Shumenov gets big chance in ring against ageless Hopkins

By The Associated Press | From Page: B8

 
Montreal team sign Chad Johnson to 2-year contract

By The Associated Press | From Page: B8

Seattle 1B Choi banned 50 games for positive test

By The Associated Press | From Page: B8

 
Dodgers’ Puig focuses on baseball despite issues

By The Associated Press | From Page: B8

Miguel Angel Jimenez set for Champions Tour debut

By The Associated Press | From Page: B8 | Gallery

 
Sponsorship woes put Swan Racing future in doubt

By The Associated Press | From Page: B8

Ex-quarterback McNabb spends day in Arizona jail

By The Associated Press | From Page: B8

 
Season wrapup: Sacramento Kings’ ‘new era’ off to slow start

By The Associated Press | From Page: B8 | Gallery

 
Boston Marathon makes room for more runners

By The Associated Press | From Page: B9

Stanford takes lead at LPGA LOTTE tournament

By The Associated Press | From Page: B9

 
Vanden clinches at least share of SCAC boys tennis title

By Daily Republic staff | From Page: B10

 
.

Business

Toyota Camry gets a top-to-bottom makeover

By The Associated Press | From Page: C1

 
Hot models at this year’s New York Auto Show

By The Associated Press | From Page: C2

Judge won’t order recalled GM cars to be parked

By The Associated Press | From Page: B6

 
Cyber cops: Target hackers may take years to find

By The Associated Press | From Page: B6

Walmart jumps into the money transfer biz, loudly

By The Associated Press | From Page: B6

 
.

Obituaries

Sealwyn Shirley Brucefield Shepherd Malkiewicz

By Nancy Green | From Page: A4

 
.

Comics

Baldo

By Daily Republic Syndicated Content | From Page: B12

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: B12

B.C.

By Daily Republic Syndicated Content | From Page: B12

 
Rose is Rose

By Daily Republic Syndicated Content | From Page: B12

Pickles

By Daily Republic Syndicated Content | From Page: B12

 
Blondie

By Daily Republic Syndicated Content | From Page: B12

For Better or Worse

By Daily Republic Syndicated Content | From Page: B12

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: B12

Baby Blues

By Daily Republic Syndicated Content | From Page: B12

 
Dilbert

By Daily Republic Syndicated Content | From Page: B12

Peanuts

By Daily Republic Syndicated Content | From Page: B12

 
Zits

By Daily Republic Syndicated Content | From Page: B12

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B12

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B12

Garfield

By Daily Republic Syndicated Content | From Page: B12

 
Sally Forth

By Daily Republic Syndicated Content | From Page: B12

Cryptoquote

By Daily Republic Syndicated Content | From Page: B13

 
Sudoku

By Daily Republic Syndicated Content | From Page: B13

Bridge

By Daily Republic Syndicated Content | From Page: B13

 
Word Sleuth

By Daily Republic Syndicated Content | From Page: B13

Crossword

By Daily Republic Syndicated Content | From Page: B13