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Supreme Court hears cases for, against same-sex marriage

March 26, 2013
	<p>Gail Schulte, of Alexandria, Virginia, gathers with other demonstrators as arguments are heard on California&#8217;s Proposition 8 concerning gay marriage, outside the U.S. Supreme Court in Washington March 26, 2013. (Molly Riley/MCT)</p>

Gail Schulte, of Alexandria, Virginia, gathers with other demonstrators as arguments are heard on California’s Proposition 8 concerning gay marriage, outside the U.S. Supreme Court in Washington March 26, 2013. (Molly Riley/MCT)

Photo by Molly Riley | The State News

Gay marriage returned to the national spotlight Tuesday as the Supreme Court heard arguments to lift a California ban — a change that could affect millions of Americans, including the Spartan community.

Some Spartans began changing their Facebook profile pictures to a red equal sign to symbolize support for same-sex marriage throughout the day Tuesday, but as the potentially landmark case unfolds, it’s unsure whether their hopes will come true.

Justices took up the Hollingsworth v. Perry case regarding the constitutionality of California’s Proposal 8 — a referendum banning gay marriage approved by 52 percent of the Golden State’s voters in 2008.

Conservative justices claimed changing the ban would compromise marriage traditions centuries old, while liberal justices denied arguments that same-sex couples should not be able to marry because they can’t procreate.

The legal question is whether the equal protection rights guaranteed in the 14th Amendment prohibit states from establishing a definition for marriage.

Law professor Mae Kuykendall, who specializes in gay marriage issues, said the Supreme Court is unlikely to issue a blanket mandate legalizing same-sex marriage nationwide, but rather a decision that only applies to California.

She said many justices discussed their “institutional incompetence” regarding gay marriage and hesitation toward issuing a decision affecting all 50 states.

“Some of them are hesitant to venture into the area,” Kuykendall said, adding even the high court’s swing voter, Justice Anthony Kennedy, is reluctant to dive into the issue.

A California Supreme Court ruling made same-sex marriage legal in California in June 2008 until Proposition 8 amended the California Constitution to ban it again in November of 2008.

People Respecting the Individuality of Students at MSU, or PRISM, Vice President Stephanie Torres, a political theory and constitutional democracy and comparative cultures and politics junior, said even if the ban isn’t lifted, the media exposure is key to the cause for same-sex marriage.

“It’s a great way to draw attention to the issue and continue to fight for it,” she said, adding Supreme Court attention is a big step for the lesbian, bisexual, gay and transgender movement toward equality.

Packaging freshman Kevin Quinn said he isn’t in favor of same-sex marriage because his beliefs about marriage stem from his Christian faith, where he believes the definition of marriage was created.

He said it’s not the idea of two men or two women coming together that’s the issue — he’s against the government attempting to define marriage.

Although there are many in favor of same-sex marriage, Quinn said he’s firm in his faith.
“I don’t leave my views up to society,” he said. “I go with the Bible.”

On Wednesday, the Supreme Court will hear arguments for and against striking down the 1996 Defense of Marriage Act, which denies married same-sex couples federal benefits.

The court is not expected to issue rulings on both cases until June.

Staff writer Christine LaRouere contributed to this report.

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