The US Supreme Court will this week hear cases challenging the constitutionality of California's Proposition 8 amendment and the federal Defense of Marriage Act (DOMA).
Proposition 8 is a constitutional amendment stating that "only marriage between a man and a woman is valid or recognized in California." It overturned a state law in California in favour of same-sex unions and was put in place after a popular vote on the issue in the 2008 state elections.
Consider
On Tuesday (26 March), nine Justices will consider the amendment in a legal challenge brought by a lesbian woman, Kristin Perry, who is seeking for Proposition 8 to be struck down to enable her to marry her partner, Sandra Steir.
California officials have refused to defend Proposition 8 in court – a course of action that will now be taken by the original sponsors of the amendment, “Protect Marriage”. This is a coalition of Californian families, religious leaders, pro-family organisations and individuals who support the traditional definition of marriage.
Good faith
Charles J. Cooper, the lawyer representing “Protect Marriage” will argue that those who voted in favour of the amendment chose to do so "in good faith" to uphold the traditional understanding of marriage for the benefit of children and society.
He argues that marriage is "inextricably linked to the objective biological fact that opposite-sex couples and only such couples are capable of creating new life together and, therefore, are capable of furthering, or threatening, society's existential interests in responsible procreation and childbearing."
Cooper believes that whilst "responsible procreation remains one of the purposes of marriage," Proposition 8 will not be overturned.
Federal law
DOMA was signed into federal law by President Clinton in 1996, and defines marriage as between one man and one woman.
On Wednesday (27 March), the Justices will consider the validity of DOMA in a case brought by a homosexual man, Edith Windsor, after his same-sex 'marriage' in Canada was not recognised by the New York federal government.
Significantly, President Obama has said that his administration will not defend DOMA in court.
Rulings in the cases are expected to be issued in June, and could lead to all 50 states being ordered to redefine marriage.
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