الجمعة، 30 نوفمبر 2012

Top court weighs gay union cases

 64490843 64490840 The Supreme Court could choose to hear only some of the 10 petitions before them

The nine justices of the US Supreme Court are meeting to decide whether to consider cases on the constitutionality of same-sex marriage.

In a private meeting, the bench could choose to hear any of 10 petitions that have come before the top court.

They would rule on any cases chosen on Friday by the end of June 2013.

In elections on 6 November, three states voted to legalise gay marriage and voters in Minnesota blocked a constitutional ban on same-sex unions.

Correspondents say it is likely that the justices will decide to hear only some of the 10 petitions before them – but the cases could address several or all of the constitutional issues at stake.

Which cases they select would determine the scope of their ruling, they add.

Constitutional questions

All of the possible cases before the Supreme Court deal with three laws:

  • the 1996 Defense of Marriage Act (Doma), which prevents legally married gay couples from receiving federal marital benefits
  • Proposition 8, an amendment to California’s state constitution that overturned an earlier law legalising gay marriage
  • “Section O” of a 2009 Arizona law that would give marital benefits only to state employees legally married in that state (gay marriage is not legal in Arizona).

Each of the laws has been struck down in rulings by lower courts.

The biggest question before the court is whether the right to marry must be extended to same-sex couples because it is a fundamental right under the US constitution’s guarantee of equal protection to all citizens.

The Supreme Court could announce the results of its meeting as early as Friday afternoon.

It is likely that oral arguments for the chosen cases would be scheduled to take place in March 2013, with a ruling by the end of June.

Analysts say it is most likely that the Supreme Court will agree to hear challenges to Doma.

The federal law, signed by former President Bill Clinton, has been overturned by four federal courts and two courts of appeal, which said the law unfairly discriminated against same-sex couples.

President Barack Obama also took the unusual step of announcing that its administration would not defend the law in court. But it is supported by Republicans in Congress.

In May, Mr Obama said he supported the right for gay couples to marry.

His campaign endorsed efforts to legalise same-sex marriage in three states that faced ballot initiatives in the 6 November US election.

Same-sex marriage is legal in nine US states: Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington and the District of Columbia.

But 31 states have approved constitutional amendments to ban gay marriage.

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