Thursday, April 17, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Supreme Court will hear same-sex marriage cases

WASHINGTON — The Supreme Court plunged into the contentious issue of gay marriage Friday when it agreed to take up California’s ban on same-sex unions and a separate dispute about federal benefits for legally married gay couples.

The court’s action gives the justices the chance to say by late June whether gay Americans have the same constitutional right to marry as heterosexuals. Several narrower paths also are open to the justices as they consider both California’s voter-approved Proposition 8 and the provision of the federal Defense of Marriage Act that denies to legally married gay Americans the favorable federal tax treatment and a range of federal health and pension benefits given to heterosexual couples.

The court is embarked on what could be its most significant term involving civil rights in decades. 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 gay marriage cases probably will be argued in March and decisions in all the court’s cases are likely by the end of June.

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. Same-sex couples in Washington began picking up marriage licenses on Thursday.

Yet even as gay marriage is legal, or soon will be, in nine states – Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont are the others – and the District of Columbia, it is banned by the state constitutions of 31 others. 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 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.

There is nothing that compelled a similar response from the court in the case over California’s Proposition 8, the state constitutional ban on gay marriage that voters adopted in 2008 after the state Supreme Court ruled that gay Californians could marry. Indeed, 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. But Theodore Olson, the Washington lawyer who represents Californians who sued over Proposition 8, said he will argue that there is a “fundamental constitutional right to marry for all citizens.”

Opponents of gay marriage said Friday they are heartened by the Supreme Court’s action.

“We believe that it is significant that the Supreme Court has taken the Prop 8 case. We believe it is a strong signal that the court will reverse the lower courts and uphold Proposition 8. That is the right outcome based on the law and based on the principle that voters hold the ultimate power over basic policy judgments and their decisions are entitled to respect,” said John Eastman, chairman of the National Organization for Marriage and a law professor at Chapman University in Orange.

On the other side of the issue, advocates for same-sex unions said the court could easily decide in favor of gay marriage in California without issuing a sweeping national ruling to overturn every state prohibition on marriage.

In striking down Proposition 8, the 9th U.S. Circuit Court of Appeals crafted a narrow ruling that said because gay Californians already had been given the right to marry, the state could not later take it away. The ruling studiously avoided overarching pronouncements.

“I think the court can easily affirm the 9th Circuit’s decision and leave for a later day whether broader bans on marriage are unconstitutional as well,” said James Esseks of the American Civil Liberties Union.

The other issue the high court will take on involves a provision of the Defense of Marriage Act, known by its acronym DOMA, which defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.

Four federal district courts and two appeals courts struck down the provision. Last year, the Obama administration abandoned its defense of the law, but continues to enforce it. House Republicans are now defending DOMA in the courts.

The justices chose for their review the case of 83-year-old Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

There is no dispute that if Windsor had been married to a man, her estate tax bill would have been zero.

The U.S. 2nd Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection of the law.

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.

The cases are Hollingsworth v. Perry, 12-144, and U.S. v. Windsor, 12-307.

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

Supervisor candidates square off at forum

By Barry Eberling | From Page: A1 | Gallery

 
Carli takes oath, now Vacaville’s 14th police chief

By Susan Winlow | From Page: A1 | Gallery

 
Huge jump in Solano median home price

By Brad Stanhope | From Page: A1 | Gallery

Donate a car, help build a house

By Amy Maginnis-Honey | From Page: A3

 
Solano DA hosts workshop to fight human trafficking

By Ian Thompson | From Page: A3 | Gallery

Suisun water rates won’t rise this year

By Ian Thompson | From Page: A3

 
Kaiser area head Villalobos to leave for SoCal

By Barry Eberling | From Page: A3

 
Fairfield town hall on crime delayed

By Ryan McCarthy | From Page: A4

Railway museum offers wine-tasting rides

By Adrienne Harris | From Page: A4

 
Travis trustee takes back blast at radio duo

By Ryan McCarthy | From Page: A4

 
Drugs topic of cardiac class

By Adrienne Harris | From Page: A4

Weather for April 17, 2014

By Daily Republic | From Page: B12

 
Fairfield police log: April 15, 2014

By Susan Hiland | From Page: A12

Suisun City police log: April 15, 2014

By Susan Hiland | From Page: A12

 
Fairfield police log: April 14, 2014

By Susan Hiland | From Page: A12

Suisun Police log: April 14, 2014

By Susan Hiland | From Page: A12

 
.

US / World

Armed robber was never told to report to prison

By The Associated Press | From Page: A1

 
Body of California man who jumped into river found

By The Associated Press | From Page: A4

Lost sea lion in California found mile from water

By The Associated Press | From Page: A4

 
Seabird from Atlantic spotted on Alcatraz

By The Associated Press | From Page: A5

Ex-Bell city leader gets 12 years in prison

By The Associated Press | From Page: A5

 
California delays decision on protecting gray wolf

By The Associated Press | From Page: A5

Court rules for environmentalists in water fight

By The Associated Press | From Page: A5

 
Governor calls special session on rainy day fund

By The Associated Press | From Page: A5

Denver police eye 911 response time after killing

By The Associated Press | From Page: A10

 
Man charged with marathon hoax is held on bail

By The Associated Press | From Page: A10

Geneva talks on Ukraine face steep hurdles

By The Associated Press | From Page: A10

 
Pro-Russian insurgents seize armored vehicles

By The Associated Press | From Page: A10

Ferry sinks off South Korea; 6 dead, 290 missing

By The Associated Press | From Page: A10

 
NATO ups military presence amid Russian threat

By The Associated Press | From Page: A10

.

Opinion

In support of Pam Bertani

By Letter to the Editor | From Page: A11

 
Parenting demands responsibility

By Ruben Navarrette | From Page: A11

 
Let’s stop Fairfield’s future thugs

By Kelvin Wade | From Page: A11, 1 Comment

Obamacare news you probably missed

By Martin Schram | From Page: A11

 
Editorial Cartoons for April 17, 2014

By Kim Durbin | From Page: A11

.

Living

A lesson in household budgeting

By Chris Erskine | From Page: A2

 
Today in History for April 17, 2014

By The Associated Press | From Page: A2

Community Calendar: April 17, 2014

By Susan Hiland | From Page: A2

 
Horoscopes for April 17, 2014

By Holiday Mathis | From Page: A9

 
.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B4

 
Daniel Radcliffe on why New York audiences rock

By The Associated Press | From Page: A7

Alicia Silverstone out with book ‘Kind Mama’

By The Associated Press | From Page: A7

 
Jenny McCarthy announces engagement on ‘The View’

By The Associated Press | From Page: A7

Ailing Malcolm Young taking break from AC/DC

By The Associated Press | From Page: A7

 
Disney Channel’s ‘Jessie’ breaks romantic ground

By The Associated Press | From Page: A7

.

Sports

Vacaville’s Peralta to wrestle at San Francisco State

By Daily Republic staff | From Page: B1

 
Angels beat A’s 5-4 on Iannetta’s HR in 12th

By The Associated Press | From Page: B1 | Gallery

MEL, SCAC tangle in hoops all-star games

By Paul Farmer | From Page: B1

 
Sharks take goalie questions into rematch vs Kings

By The Associated Press | From Page: B1

 
Crawford’s 41 points leads Warriors over Nuggets

By The Associated Press | From Page: B1 | Gallery

IndyCar driver Saavedra fined $10K

By The Associated Press | From Page: B2

 
Sandoval’s single lifts Giants past Dodgers, 2-1

By The Associated Press | From Page: B2 | Gallery

Officer: Sharper’s DNA found on 1 Arizona victim

By The Associated Press | From Page: B2

 
Jets sign former Titans RB Chris Johnson

By The Associated Press | From Page: B2

Spieth ready for more after Masters success

By The Associated Press | From Page: B2

 
Backup QB Matt Flynn returns to Packers

By The Associated Press | From Page: B2

Atlanta lands MLS expansion team for 2017

By The Associated Press | From Page: B2

 
Bucks owner Herb Kohl reaches deal to sell team

By The Associated Press | From Page: B2

Sidney Rice agrees to terms with Seahawks

By The Associated Press | From Page: B2

 
Goodwin helps Suns to 104-99 win over Kings in finale

By The Associated Press | From Page: B2 | Gallery

 
.

Business

Yellen: Fed stimulus still needed for job market

By The Associated Press | From Page: B4

 
Some exempted from minimum wage, increased or not

By The Associated Press | From Page: B4

Fed survey: Growth picks up across most of US

By The Associated Press | From Page: B5

 
Bank of America posts loss, hurt by legal charges

By The Associated Press | From Page: B5

IBM posts lower 1Q earnings amid hardware slump

By The Associated Press | From Page: B5

 
Google’s 1Q earnings disappoint as ad prices slip

By The Associated Press | From Page: B5

.

Obituaries

.

Comics

Sally Forth

By Daily Republic Syndicated Content | From Page: A8

 
Peanuts

By Daily Republic Syndicated Content | From Page: A8

Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

 
Zits

By Daily Republic Syndicated Content | From Page: A8

Blondie

By Daily Republic Syndicated Content | From Page: A8

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

Baldo

By Daily Republic Syndicated Content | From Page: A8

 
Dilbert

By Daily Republic Syndicated Content | From Page: A8

Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

 
Garfield

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
B.C.

By Daily Republic Syndicated Content | From Page: A8

Baby Blues

By Daily Republic Syndicated Content | From Page: A8

 
Pickles

By Daily Republic Syndicated Content | From Page: A8

Crossword

By Daily Republic Syndicated Content | From Page: A9

 
Sudoku

By Daily Republic Syndicated Content | From Page: A9

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

Bridge

By Daily Republic Syndicated Content | From Page: A9