Very big news just out today for fans of the U.S. Constitution and equal protection under the law --- both conservative values, upheld by conservative Republican judge after conservative Republican judge across the country over recent years --- which we here at The BRAD BLOG strongly support.
And, once again, before sharing the news, our caveat to those who are against all of the above, a reminder that no matter how the U.S. Supreme Court rules on the issues surrounding marriage equality, it will never be mandatory that you get gay married...
At the very least, the court will look at this question: When states choose to permit the marriages of same-sex couples, can the federal government refuse to recognize their validity? But by also taking up the California case, the court could get to the more fundamental question of whether the states must permit marriages by gay people in the first place.
The California case involves a challenge to Proposition 8, a constitutional amendment approved by 52 percent of voters in 2008. It banned same-sex marriages in the state and went into effect after 18,000 couples were legally married earlier that year.
A federal judge declared the ban unconstitutional, and a federal appeals court upheld that ruling, though on narrower grounds that apply only to California. Now that the Supreme Court is wading into the battle, the justices could decide the more basic issue of whether any state can ban same-sex marriage under the Constitution's guarantee of equal protection of the law. Or they could limit their ruling to apply only to the ban in California.