Batesville Herald Tribune, Batesville, Indiana

Community News Network

December 7, 2012

Gay marriage to get review from high court for 1st time

(Continued)

WASHINGTON —

Olson said in an interview before the court acted that he would make California-specific arguments as well as broader contentions that could establish same-sex marriage rights nationwide. Marriage, Olson said, is a "fundamental right that cannot be taken away from citizens on the basis of their sex or sexual orientation."

In court papers, Olson and Boies defended Reinhardt's reasoning. They said the judge correctly concluded that, by stripping away marriage rights, Proposition 8 "achieves nothing except the marginalization of gay and lesbian individuals and their relationships."

Gay marriage is on hold in California while the litigation plays out. More than 18,000 same-sex couples were married in the state before the ballot initiative passed.

Both sides asked the court to take up DOMA, a law the Obama administration decided last year it would begin opposing in court. That reversal left it to congressional Republicans led by House Speaker John Boehner to spearhead the defense.

Opponents say the law violates the Constitution's equal protection guarantee by denying legally married gay couples the same federal benefits as opposite-sex spouses. Under the law, people in same-sex marriages can't file joint federal tax returns, claim exemption from estate taxes, receive Social Security survivor benefits or obtain health insurance as the spouse of a federal employee.

Supporters of the law say it promotes traditional marriage, and by extension makes it more likely that children will grow up in a nurturing environment.

"Traditional marriage protects civil society by encouraging couples to remain together to rear the children they conceive," 15 states led by Indiana argued in court papers. "It creates the norm that potentially procreative sexual activity should occur in a long-term, cohabitative relationship."

The Boston-based 1st U.S. Circuit Court of Appeals and the New York-based 2nd Circuit rejected that reasoning. Ruling in the Massachusetts case, the 1st Circuit pointed to "a lack of any demonstrated connection between DOMA's treatment of same-sex couples and its asserted goal of strengthening the bonds and benefits to society of heterosexual marriage."

Text Only
Community News Network
  • Ice bucket challenge trending up

    Internet trends are a dime a dozen these days. Everything from Tebowing to planking to the cinnamon challenge can cause a wave of social media activity that can last for weeks before fizzling out.

    August 19, 2014

  • Africa goes medieval in its fight against Ebola

    As the Ebola epidemic claims new victims at an ever-increasing rate, African governments in Sierra Leone, Guinea and Liberia have instituted a "cordon sanitaire," deploying troops to forcibly isolate the inhabitants in an area containing most of the cases.

    August 18, 2014

  • Democrat? Republican? There's an app for that

    If you're a Republican, you might want to think twice before buying Lipton Iced Tea, and forget about Starbucks coffee. If you're a Democrat, put down that Reese's Peanut Butter Cup, and throw away the cylinder of Quaker Oats in your pantry.

    August 18, 2014

  • Five myths about presidential vacations

    In the nuclear age, presidents may have only minutes to make a decision that could affect the entire world. They don't so much leave the White House as they take a miniature version of it with them wherever they go.

    August 15, 2014

  • Can 6 seconds launch a career? A generation of Vine stars sure hopes so.

    A year ago, Shawn Mendes filmed himself singing a tentative acoustic cover of the Justin Bieber song "As Long as You Love Me" and put the results on Vine. He wasn't expecting much response. "I didn't really want anything to happen; I just kind of wanted to see what people would think," says Mendes, 16. "I posted that first Vine and woke up the next morning with 10,000 followers. That was pretty cool."

    August 14, 2014

  • Freshman.jpg 8 crucial tips for college freshmen

    With school starting back up around the country, no one has a bigger deer-in-the-headlights look than college freshmen.

    August 14, 2014 1 Photo

  • A night in Ferguson

    For the past week in Ferguson, reporters have been using the McDonald's a few blocks from the scene of Michael Brown's shooting as a staging area. Demonstrations have blown up each night nearby.

    August 14, 2014

  • weightloss.jpg The scales of injustice: Weight loss differs between men, women

    You're not imagining it: There really are differences between the way men and women diet, lose weight and respond to exercise.

    August 13, 2014 1 Photo

  • Robin_Williams.jpg Williams among many who cracked jokes while fighting depression

    Robin Williams isn't the only comedian who has struggled with a disease suffered by an estimated 350 million people worldwide. Williams, a comedian known for his manic energy, committed suicide Aug. 11 at age 63.

    August 13, 2014 1 Photo

  • Drug dealers going corporate

    A top federal official on Tuesday said that 105 banks and credit unions are doing business with legal marijuana sellers, suggesting that federal rules giving financial institutions the go-ahead to provide services to dealers are starting to work.

    August 13, 2014

Featured Ads
AP Video
US Trying to Verify Video of American's Killing FBI Director Addresses Ferguson Shooting in Utah Raw: Police at Scene of St. Louis Shooting Police: 2 Calif. Boys Planned School Shooting NOLA Police Chief Retires Amid Violent Crimes Lunch Bus Delivers Meals to Kids Out of School Water Bottles Recalled for Safety Researcher Testing On-Field Concussion Scanners Rockets Fired From Gaza, in Breach of Ceasefire Raw: Japanese Military Live Fire Exercise Police, Protesters Clash in Ferguson Independent Autopsy Reveals Michael Brown Wounds Nashville Embraces Motley Crue Obama: 'Time to Listen, Not Just Shout' Lawyer: Gov. Perry Indictment a 'Nasty Attack' Raw: Russian Aid Convoy Crosses Into Ukraine Iowa Man Builds Statue of a Golfer Out of Balls Assange Gets Cryptic About Leaving Embassy in UK Raw: Building Collapse in South Africa, 9 Dead Raw: Pope Francis Meets 'Comfort Women'
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Facebook