Gay-Marriage Letdown Looms as High Court Weighs Narrow Ruling
The U.S. Supreme Court fight over California’s Proposition 8, viewed by gay-rights advocates as a historic opportunity to establish same-sex marriage nationwide, may not even settle the issue in the state.
The justices, who probably will rule next month, signaled during the March 26 argument that they might sidestep the underlying constitutional questions and decide that the defenders of the 2008 gay-marriage ban lacked “standing,” or legal eligibility, to bring the case. That could leave the status of gay marriage in California in doubt, spawn new litigation and perhaps even prompt another ballot initiative.
A standing ruling might mean “a quick death for Prop 8,” said Vikram Amar, a constitutional law professor at the University of California Davis School of Law. “But it’s also quite possible -- maybe more likely -- that it will take some time before we know which couples, beyond the two couples who sued, would be able to get their licenses.”
The issue will loom large as the court nears its decision. It’s the first time the justices have considered whether gay couples have a constitutional right to marry. While a ruling limited to standing might mean months or even years of uncertainty, a declaration that Proposition 8 is unconstitutional could take effect in as little as 25 days, letting thousands of Californians marry this year.
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http://www.bloomberg.com/news/print/2013-05-13/gay-marriage-letdown-looms-as-high-court-weighs-narrow-ruling.html
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