4/09/2013

Gays and Christians


Tuesday morning, the Supreme Court heard oral arguments on Hollingsworth v. Perry, otherwise known as the Proposition 8 case. Wednesday it will hear arguments in a case dealing with the Defense of Marriage Act (DOMA), which prevents federal recognition of state marriages between people of the same sex.

In both cases, the Obama administration and a whole bevy of civil-rights groups, including many Republicans, want the court to rule restrictions on same-sex marriage unconstitutional.

Do they have a shot? And what precise legal issues are at stake? Here’s what you need to know.

The official title of the case is Dennis Hollingsworth, et al., Petitioners v. Kristin M. Perry, et al. Perry, who is known to education wonks as the leader of the First Five Years Fund, is one of four plaintiffs in the case, along with her partner Sandra Stier and another couple, Paul Katami and Jeffrey Zarrillo. The two couples were denied marriage licenses in the state of California following the passage of Proposition 8, which amended the state constitution to overturn the California Supreme Court’s decision legalizing same-sex marriage.

The case was originally named Perry v. Schwarzenegger, when the latter was governor of California, and renamed Perry v. Brown when Jerry Brown became governor in 2011. However, both Schwarzenegger and Brown (as governor and previously as attorney general) declined to defend Proposition 8′s constitutionality. As a result, ProtectMarriage.com, the official sponsor of the ballot proposition, stepped in to defend the proposition. The case was subsequently renamed after Dennis Hollingsworth, a former Republican state senate minority leader and a leader of ProtectMarriage.com.

The plaintiffs, represented by former Solicitor General Ted Olson and Microsoft prosecutor David Boies (who, coincidentally, took opposing sides in Bush v. Gore), first argued their case in front of the U.S. District Court for the Northern District of California. Vaughn Walker, the chief judge of the court, presided.

The plaintiffs called a bevy of witnesses, including historians Nancy Cott and George Chauncey, who are experts on marriage and the gay and lesbian community, respectively. Cott emphasized that marriage has never had a uniform definition, and Chauncey detailed the forms of discrimination gays and lesbians have faced in the United States historically. Stanford political scientist Gary Segura testified that no minority group has been targeted by more ballot initiatives than the LGBT community.

Psychologists Gregory Herek and Ilan Meyer explained how legal discrimination affects the mental well-being of gay and lesbian people, while Anne Peplau explained the benefits of marriage to psychological health and the paucity of evidence suggesting that same-sex unions harm opposite-sex relationships, and Cambridge’s Michael Lamb noted there’s no good evidence that same-sex parents are any worse for children than opposite-sex parents. Then-San Diego mayor Jerry Sanders, a Republican, explained how he came to support same-sex marriage due to his lesbian daughter, and the writer Helen Zia explained her personal experiences with anti-lesbian prejudice. Finally, Edmund Egan, the chief economist for the city of San Francisco, testified that the city would benefit economically due to lower mental health costs for LGBT residents, among other factors.

The defendants offered only two witnesses. One, David Blankenhorn, was a left-leaning anti-same-sex marriage activist, who did his own side some damage by conceding under cross-examination that the American people would be “more American on the day we permitted same-sex marriage than we were on the day before.” Walker would state in his opinion that Blankenhorn did not qualify as an expert witness and that his testimony was “unreliable and entitled to essentially no weight.” After the case was decided, Blankenhorn changed his mind and now supports same-sex marriage. The other witness, Kenneth Miller, is a political scientist at Claremont McKenna College. Miller testified that the LGBT community has grown in political power in recent years.

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