Supporters of California's gay marriage ban, blocked by two federal courts, filed a petition to the Supreme Court on Tuesday urging the justices to take up the case.
In their request for the Court to uphold the ban, the Proposition 8 backers questioned "[w]hether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman."
California voters passed Proposition 8 by ballot initiative in 2008, effectively banning same-sex marriages, which had earlier been approved by the state legislature. The measure fared more poorly in the ensuing legal battle, however, as it was first ruled unconstitutional in 2010, then blocked again earlier this year in a subsequent appeal to the Ninth Circuit Court.
"It will not do to say that Proposition 8 was intended only to disapprove of same-sex marriage, rather than to pass judgment on same-sex couples as people," the latter decision read, determining that the marriage restriction violated the 14th Amendment by discriminating against gays and lesbians. "[T]he elimination of the right to use the official designation of 'marriage' for the relationships of committed same-sex couples ... send[s] a message that gays and lesbians are of lesser worth as a class -- that they enjoy lesser societal status."
The effort to maintain Proposition 8 suffered something of a PR hiccup in the wake of this ruling, when a key supporter publicly changed his view, writing in a New York Times editorial "that the time for denigrating or stigmatizing same-sex relationships is over."
SCOTUSblog writes that the path looks largely cleared for the Supreme Court to take up a case on gay marriage -- either this one or another concerning the Defense of Marriage Act -- sometime this year:
Presumably, the cases will be ready for the Court to consider later this summer or early in the new Term that starts October 1. While there is no guarantee that any of the cases will be granted, it seems highly likely that at least some of them will be. The Court has never decided, after full review, a case on gay marriage. It also has never specified the constitutional test to be applied to laws that are claimed to discriminate on the basis of sexual identity.
Since November 12, 2008
Gay marriage law <a href="http://www.huffingtonpost.com/2013/05/07/delaware-gay-marriage-law-_n_3232771.html" target="_blank">enacted</a>, weddings to begin July 1.
Since April 3, 2009
In 2012, Maine voted in favor of a ballot amendment to legalize gay marriage.
The gay marriage bill was signed into law by Gov. Martin O'Malley (D) on March 1, 2012. Opponents later gathered enough signatures to force the issue back onto the ballot in November 2012, but voters rejected the effort against gay marriage.
Since May 17, 2004
Same-sex marriage bill signed into law in May. Gay marriages will begin in August.
Since January 1, 2010
Since July 24, 2011
Bill passed in May. Law takes effect on August 1, 2013.
Since September 1, 2009
On February 13, 2012, Gov. Christine Gregoire (D) signed a law allowing same-sex marriage ceremonies to begin on June 7, 2012. The process was delayed by gay marriage opponents who gathered enough signatures to put the issue up to a state vote in November 2012. They voted to approve it on Election Day.
Since March 9, 2010
The state initially began conducting gay marriages on June 16, 2008. On November 5, 2008, however, California voters passed Proposition 8, which amended the state's constitution to declare marriage as only between a man and a woman. In 2013, the Supreme Court ruled against that law, and the state shortly thereafter began sanctioning same-sex nuptials.