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Obama backs gay marriage in court

President Barack Obama’s administration threw its weight behind gay marriage by urging the Supreme Court to strike down California’s ban on same-sex unions.

The court is set to examine the issue on March 26, when it will study the constitutionality of California’s Proposition 8, a measure approved by a 2008 referendum that outlawed gay marriage in the most populous US state.

In a separate brief to the court concerning another case, the administration has asked justices to declare the 1996 Defense of Marriage Act – a law that defines marriage as a union between a man and a woman – unconstitutional.

The Justice Department filed the latest brief in support of moves to have the California measure overturned, arguing it violates the 14th Amendment to the Constitution that guarantees citizens equal rights.

‘Throughout history, we have seen the unjust consequences of decisions and policies rooted in discrimination,’ Attorney General Eric Holder warned.

‘The issues before the Supreme Court in this case… are not just important to the tens of thousands of Americans who are being denied equal benefits and rights under our laws, but to our nation as a whole.’

The filing by Solicitor General Donald Verrilli is more narrowly focused on the California ban, and does not seek a ruling that would apply nationwide.

The administration’s brief noted that seven other states — Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island — have measures that grant same-sex couples rights similar to those of married couples, while restricting marriage to heterosexual unions.

Those states would be affected by the California ruling.

The California law ‘provides to same-sex couples registered as domestic partners all the legal incidents of marriage, but it nonetheless denies them the designation of marriage, Verrilli wrote.

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Obama backs gay marriage in court

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Obama urges justices to overturn gay marriage ban

WASHINGTON (AP) — The Obama administration wants the Supreme Court to overturn California’s gay marriage ban, outlining a broad legal argument that could ultimately be applied to other state prohibitions across the country.

The administration’s friend-of-the-court brief, filed Thursday evening, unequivocally calls on the justices to strike down California’s Proposition 8 ballot measure, although it stops short of the soaring rhetoric on marriage equality President Barack Obama expressed in his inaugural address in January. Still, it marks the first time a U.S. president has urged the high court to expand the right of gays and lesbians to wed.

The brief is not legally binding, though the government’s opinion could carry weight with the Supreme Court when it hears oral arguments on Proposition 8 in late March.

California is one of eight states that give gay couples all the benefits of marriage through civil unions or domestic partnership but don’t allow them to wed. The brief argues that in granting same-sex couples those rights, California has already acknowledged that gay relationships bear the same hallmarks as straight ones.

“They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death,” the administration wrote.

The brief marks the president’s most expansive view of gay marriage and signals that he is moving away from his previous assertion that states should determine their own marriage laws. Obama, a former constitutional law professor, signed off on the administration’s legal argument last week following lengthy discussions with Attorney General Eric Holder and Solicitor General Donald Verrilli.

In a statement following the filing, Holder said “the government seeks to vindicate the defining constitutional ideal of equal treatment under the law.”

Obama’s position, if adopted by the court, would likely result in gay marriage becoming legal in the seven other states: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.

In the longer term, the administration urges the justices to subject laws that discriminate on sexual orientation to more rigorous review than usual, as is the case for claims that laws discriminate on the basis of race, sex and other factors.

The Supreme Court has never given gay Americans the special protection it has afforded women and minorities. If it endorses such an approach in the gay marriage cases, same-sex marriage bans around the country could be imperiled.

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Obama urges justices to overturn gay marriage ban

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Obama urges court to overturn gay marriage ban

WASHINGTON (AP) In a historic argument for gay rights, President Barack Obama on Thursday urged the Supreme Court to overturn California’s same-sex marriage ban and turn a skeptical eye on similar prohibitions across the country.

The Obama administration’s friend-of-the-court brief marked the first time a U.S. president has urged the high court to expand the right of gays and lesbians to wed. The filing unequivocally calls on the justices to strike down California’s Proposition 8 ballot measure, although it stops short of the soaring rhetoric on marriage equality Obama expressed in his inaugural address in January.

California is one of eight states that give gay couples all the benefits of marriage through civil unions or domestic partnership, but don’t allow them to wed. The brief argues that in granting same-sex couples those rights, California has already acknowledged that gay relationships bear the same hallmarks as straight ones.

“They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death,” the administration wrote.

The brief marks the president’s most expansive view of gay marriage and signals that he is moving away from his previous assertion that states should determine their own marriage laws. Obama, a former constitutional law professor, signed off on the administration’s legal argument last week following lengthy discussions with Attorney General Eric Holder and Solicitor General Donald Verrilli.

In a statement following the filing, Holder said “the government seeks to vindicate the defining constitutional ideal of equal treatment under the law.”

Obama’s position, if adopted by the court, would likely result in gay marriage becoming legal in the seven other states: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.

In the longer term, the administration urges the justices to subject laws that discriminate on sexual orientation to more rigorous review than usual, as is the case for claims that laws discriminate on the basis of race, sex and other factors.

The Supreme Court has never given gay Americans the special protection it has afforded women and minorities. If it endorses such an approach in the gay marriage cases, same-sex marriage bans around the country could be imperiled.

Friend-of-the-court briefs are not legally binding. But the government’s opinion in particular could carry some weight with the justices when they hear oral arguments in the case on March 26.

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Gay marriage support poses risk for GOP

ST. PAUL, MINN. As more state legislatures around the country consider whether to legalize same-sex weddings, an analysis of gay marriage votes in eight states shows that Republican lawmakers who backed it often faced consequences including loss of their seats.

According to roll call votes analyzed by The Associated Press, in the eight times nationwide that state legislatures voted for gay marriage, just 47 Republicans bucked the party line out of many hundreds who voted against it. A vote to allow gay marriage in Minnesota has grown more likely in its legislature, and could come this spring. In Illinois, the state Senate voted 34-21 on Thursday to legalize gay marriage, sending the measure on to the state House. In Rhode Island, a gay marriage bill passed last month by the House awaits a Senate vote. Similar pushes could surface in Delaware, Hawaii and New Jersey.

In Minnesota, majority Democrats dont necessarily need Republican votes to pass gay marriage. But a bipartisan effort would improve its chances, because some Democrats from rural areas are nervous about how a vote for gay marriage might be received by socially conservative constituents. Democratic leaders are leery of a party-line vote for gay marriage, after years of accusing Republicans of fixating on social issues at the expense of the states economy.

Still, Republican lawmakers in Minnesota and elsewhere who are inclined to back gay marriage face clear risks.

It was largely responsible for my loss, said Jean White, a former Republican state senator in Colorado whose 2011 vote for civil unions became an issue in a primary challenge by a fellow Republican. In that contest, a Virginia-based conservative group mailed flyers that showed two men kissing and the title: State Senator Jean Whites Idea of Family Values?

In Washington, which passed gay marriage in 2012, two of six Republicans who backed the bill are no longer in office.

One of my colleagues swore at me on the floor of the Senate during the vote, said Cheryl Pflug, a former Washington senator. It was very difficult. It was kind of like an Amish shunning.

Autumn Leva, spokeswoman for Minnesota for Marriage, the group fighting the bill, said she expected Republicans who stray would risk conservative primary challengers backed by national groups opposed to gay marriage. Pflug argued that the partys rigid stance on the issue is costing it votes from young people, suburban women and other demographics.

I think a lot of conservative elected Republicans are going to go down with the ship on this one, Pflug said.

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Gay marriage support poses risk for GOP

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Gay marriage support risky for GOP lawmakers

AP photo

Illinois Sen. William Delgado, D-Chicago, celebrates after Senate Bill 10, a measure to legalize gay marriage, passed in the state Senate with a vote of 34-21 Thursday. In several states, some lawmakers, mostly Republicans including two in Washington state, have lost their seats after voting in favor of same-sex marriage.

ST. PAUL, Minn. As more state legislatures around the country consider whether to legalize same-sex weddings, an analysis of gay marriage votes in eight states shows that Republican lawmakers who backed it often faced consequences including loss of their seats.

According to roll call votes analyzed by The Associated Press, in the eight times nationwide that state legislatures voted for gay marriage, just 47 Republicans bucked the party line out of many hundreds who voted against it.

A vote to allow gay marriage in Minnesota has recently grown more likely in its Legislature, and could come as early as this spring. In Illinois, the state Senate voted 34-21 on Thursday to legalize gay marriage, sending the measure on to the state House. In Rhode Island, a gay marriage bill passed last month by the House awaits a Senate vote. Similar pushes could surface soon in Delaware, Hawaii and New Jersey.

In Minnesota, majority Democrats dont necessarily need Republican votes to pass gay marriage. But a bipartisan effort would improve its chances, because some Democrats from rural areas are nervous about how a vote for gay marriage might be received by their socially conservative constituents. Democratic leaders are also leery of a party-line vote for gay marriage, after years of accusing Republicans of fixating on social issues at the expense of the states economy.

Still, Republican lawmakers in Minnesota and elsewhere who are inclined to back gay marriage face clear risks.

It was largely responsible for my loss, said Jean White, a former Republican state senator in Colorado whose 2011 vote for civil unions became an issue in a primary challenge by a fellow Republican. In that contest, a Virginia-based conservative group mailed flyers that showed two men kissing and the title: State Senator Jean Whites Idea of Family Values?

Of the 47 Republican legislators nationwide who voted yes starting in 2009, only 21 are in office today. In New York, only one of four Republican senators who supported gay marriage is still in the Legislature. One lost a primary, one retired and one lost the general election after narrowly winning a bitter primary. A New Hampshire Republican representative lost a primary after her 2009 vote for gay marriage, and in Maryland the former Senate Republican leader relinquished his leadership post when he started working with Democrats on a gay marriage bill that passed last year.

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Gay marriage support risky for GOP lawmakers

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Gay Marriage Support Has Risks for GOP Lawmakers

As more state legislatures around the country consider whether to legalize same-sex weddings, an analysis of gay marriage votes in eight states shows that Republican lawmakers who backed it often faced consequences including loss of their seats.

According to roll call votes analyzed by The Associated Press, in the eight times nationwide that state legislatures voted for gay marriage, just 47 Republicans bucked the party line out of many hundreds who voted against it.

A vote to allow gay marriage in Minnesota has recently grown more likely in its Legislature, and could come as early as this spring. In Illinois, the state Senate voted 34-21 on Thursday to legalize gay marriage, sending the measure on to the state House. In Rhode Island, a gay marriage bill passed last month by the House awaits a Senate vote. Similar pushes could surface soon in Delaware, Hawaii and New Jersey.

In Minnesota, majority Democrats don’t necessarily need Republican votes to pass gay marriage. But a bipartisan effort would improve its chances, because some Democrats from rural areas are nervous about how a vote for gay marriage might be received by their socially conservative constituents. Democratic leaders are also leery of a party-line vote for gay marriage, after years of accusing Republicans of fixating on social issues at the expense of the state’s economy.

Still, Republican lawmakers in Minnesota and elsewhere who are inclined to back gay marriage face clear risks.

“It was largely responsible for my loss,” said Jean White, a former Republican state senator in Colorado whose 2011 vote for civil unions became an issue in a primary challenge by a fellow Republican. In that contest, a Virginia-based conservative group mailed flyers that showed two men kissing and the title: “State Senator Jean White’s Idea of ‘Family Values?’”

Of the 47 Republican legislators nationwide who voted yes starting in 2009, only 21 are in office today. In New York, only one of four Republican senators who supported gay marriage is still in the Legislature. One lost a primary, one retired and one lost the general election after narrowly winning a bitter primary. A New Hampshire Republican representative lost a primary after her 2009 vote for gay marriage, and in Maryland the former Senate Republican leader relinquished his leadership post when he started working with Democrats on a gay marriage bill that passed last year.

“I got a lot of flak, a lot,” said that senator, Allan Kittleman. He’s planning to leave the Senate this year to run for a county office instead. In Illinois, only one Republican senator out of 19 voted for gay marriage Thursday.

In Washington, which passed gay marriage in 2012, two of six Republicans who backed the bill are no longer in office.

“One of my colleagues swore at me on the floor of the Senate during the vote,” said Cheryl Pflug, a former Washington senator. “It was very difficult. It was kind of like an Amish shunning.”

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Gay Marriage Support Has Risks for GOP Lawmakers

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Gay marriage fight in states

Illinois State Sen. Heather Steans discusses the gay-marriage bill she hopes to bring to a floor vote this month.

By Tracy Connor, NBC News

The U.S. Supreme Court is set to tackle gay marriage in a matter of months, but legislative action this week in Rhode Island and Illinois shows that supporters aren’t in wait-and-see mode.

Buoyed by ballot victories in four states in November, they’re now on the offensive in two more; wins would mean that more than 20 percent of Americans live in places that have approved same-sex marriage.

Opponents are pushing back hard to make sure that doesnt happen, even as they express confidence that the nations high court will rule in their favor when it weighs in on the Defense of Marriage Act and Californias Proposition 8.

Everyone is looking at the Supreme Court. What happens then defines a lot of more about what happens next in the fight, said Bill Brown, president of the National Organization for Marriage.

Were gonna win that and then theres going to be a state-by-state fight, and our record on that is amazing.

The scope of any Supreme Court decision is far from clear. They could rule that every American is entitled to the right to same-sex marriage or they could allow states to keep bans on gay marriage or they could do something in between.

In the meantime, gay-marriage advocates are pressing the issue at the state level. In addition to Rhode Island and Illinois, lawmakers in Delaware, Hawaii, Minnesota, New Jersey and Rhode Island reportedly could consider the issue later this year.

Theres always risk when you go to the Supreme Court. You never want to put all your eggs in one basket, said Janson Wu, staff attorney at Gay & Lesbian Advocates & Defenders.

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Gay marriage fight in states

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What Supreme Court? Gay marriage battles rage on

Illinois State Sen. Heather Steans discusses the gay-marriage bill she hopes to bring to a floor vote this month.

By Tracy Connor, NBC News

The U.S. Supreme Court is set to tackle gay marriage in a matter of months, but legislative action this week in Rhode Island and Illinois shows that supporters aren’t in wait-and-see mode.

Buoyed by ballot victories in four states in November, they’re now on the offensive in two more; wins would mean that more than 20 percent of Americans live in places that have approved same-sex marriage.

Opponents are pushing back hard to make sure that doesnt happen, even as they express confidence that the nations high court will rule in their favor when it weighs in on the Defense of Marriage Act and Californias Proposition 8.

Everyone is looking at the Supreme Court. What happens then defines a lot of more about what happens next in the fight, said Bill Brown, president of the National Organization for Marriage.

Were gonna win that and then theres going to be a state-by-state fight, and our record on that is amazing.

The scope of any Supreme Court decision is far from clear. They could rule that every American is entitled to the right to same-sex marriage or they could allow states to keep bans on gay marriage or they could do something in between.

In the meantime, gay-marriage advocates are pressing the issue at the state level. In addition to Rhode Island and Illinois, lawmakers in Delaware, Hawaii, Minnesota, New Jersey and Rhode Island reportedly could consider the issue later this year.

Theres always risk when you go to the Supreme Court. You never want to put all your eggs in one basket, said Janson Wu, staff attorney at Gay & Lesbian Advocates & Defenders.

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What Supreme Court? Gay marriage battles rage on

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Gay marriage battles raging on state level

Illinois State Sen. Heather Steans discusses the gay-marriage bill she hopes to bring to a floor vote this month.

By Tracy Connor, NBC News

The U.S. Supreme Court is set to tackle gay marriage in a matter of months, but legislative action this week in Rhode Island and Illinois shows that supporters aren’t in wait-and-see mode.

Buoyed by ballot victories in four states in November, they’re now on the offensive in two more; wins would mean that more than 20 percent of Americans live in places that have approved same-sex marriage.

Opponents are pushing back hard to make sure that doesnt happen, even as they express confidence that the nations high court will rule in their favor when it weighs in on the Defense of Marriage Act and Californias Proposition 8.

Everyone is looking at the Supreme Court. What happens then defines a lot of more about what happens next in the fight, said Bill Brown, president of the National Organization for Marriage.

Were gonna win that and then theres going to be a state-by-state fight, and our record on that is amazing.

The scope of any Supreme Court decision is far from clear. They could rule that every American is entitled to the right to same-sex marriage or they could allow states to keep bans on gay marriage or they could do something in between.

In the meantime, gay-marriage advocates are pressing the issue at the state level. In addition to Rhode Island and Illinois, lawmakers in Delaware, Hawaii, Minnesota, New Jersey and Rhode Island reportedly could consider the issue later this year.

Theres always risk when you go to the Supreme Court. You never want to put all your eggs in one basket, said Janson Wu, staff attorney at Gay & Lesbian Advocates & Defenders.

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Gay marriage battles raging on state level

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Supreme Court will hear same-sex marriage cases

WASHINGTON (AP) 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 30 others. In Hawaii, a constitutional amendment gives the legislature the power to define marriage as between a man and a woman, and it has done so. 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, Calif.

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Supreme Court will hear same-sex marriage cases

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