Same-sex marriage: A potential Supreme Court blockbuster

By Bill Mears
CNN
It's an issue that does not get more basic, yet the complexity surrounding the legal, social, and political implications of expanding that right to gays and lesbians is now squarely before the Supreme Court.
The justices launch an epic public dialogue on Tuesday when they hear oral arguments in the first of two appeals to state and federal laws restricting same-sex marriage. The second round will be on Wednesday.

However, the real challenge and drama will come when they go behind closed doors later this week and vote as a group -- at least preliminarily -- on questions presented in cases with landmark potential.

The political, social, and legal stakes of this long-simmering debate have once again put the high court at the center of national attention, a contentious encore to its summer ruling upholding the massive health care reform law championed by President Barack Obama. The outcome in this one could have profound influence on how America defines family. The court is likely to take its time and not act before June.

On Tuesday, the justices were set to hear arguments concerning the appeal of a federal judge's decision that struck down down California's Proposition 8, which defines marriage as between a man and a woman. The overriding legal question is whether the 14th Amendment guarantee of "equal protection" prevents states from defining marriage as California has.

There are an estimated 120,000 legally married same-sex couples in the United States. It is legal in nine states: Washington, Iowa, Maine, Massachusetts, Connecticut, Vermont, New Hampshire, Maryland, and New York, along with the District of Columbia. Another nine states have civil union or strong domestic partnership laws, that stop short of marriage.

A new national poll indicates increasing public awareness around the issue and stronger overall support for same-sex marriage specifically. According to the CNN/ORC International survey, 57% say they have a family member or close friend who is gay or lesbian, up 12 points from 2007. Also, the number of Americans who support same-sex marriage has risen by almost the same amount over the same period - from 40% in 2007 to 53%.

In its separate argument on Wednesday, the justices will tackle the federal Defense of Marriage Act (DOMA), a 1996 law defining marriage for federal purposes as between a man and a woman. That means legally married gay and lesbian couples are denied federal benefits and privileges -- things like tax breaks and survivor benefits.

Backers of DOMA and Proposition 8 say it should be up to the public to decide, not the courts. "Our most fundamental right in this country is the right to vote and the right to participate in the political process, " said Austin Nimocks of the Alliance Defending Freedom, a Christian advocacy group. "We don't need the Supreme Court to take that right away from Americans of good faith on both sides of this issue and impose its judicial solution," Nimocks said. "We need to leave this debate to the democratic process, which is working."