Supreme Court Gay Marriage Cases: 32 States Seek Decision on Same Sex Marriage Equality
Attorneys general from 32 states have asked the U.S. Supreme Court to hear several cases to decide once and for all whether same sex couples have a constitutional right to marry, according to the Associated Press.
The attorney general of Massachusetts, Martha Coakley, who is running for governor in Massachuetts, is leading fifteen other attorneys general of states that allow same sex marriage, and filed an amicus brief asking the justices to take up three cases from Oklahoma, Virginia and Utah, and overturn the bans in those states. Massachusetts was the first state to legalize same sex marriage.
"Laws that bar same-sex couples from marrying are discriminatory and unconstitutional. The times has come for this critical issue to be resolved," Coakley said .
Coakley added, "The Court should settle this important issue to ensure equal access to marriage because the continued exclusion of gay and lesbian couples from the institution of marriage is unconstitutional and the harm suffered by these couples and their families is significant. Same-sex couples and their families are harmed legally, economically, and socially by being denies access to critical rights ranging from interstate inheritance to guaranteed access to healthcare benefits to joint filing of tax returns. They also suffer physical and psychological harm as a result of their second-class status."
Joining Coakley were attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Mexico, New York, Oregon, Pennsylvania, Vermont and Washington.
Attorneys general from 17 other states, led by Colorado Solicitor General Daniel D. Domenico, a state that has banned same sex marriage, have asked the Court to review two cases -- Bishop v. Smith and Rainey v. Bostic. By granting a review -- writ of certiorari -- the Supreme Court has an opportunity to answer. The Colorado brief argues the definition of marriage is one only the Surpeme Court can resolve and without a decision states defending bans could be liable for expensive legal bills from future lawsuits.
Joining Domenico are attorneys general from Alabama, Alaska, Arizona, Georgia, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, West Virginia and Wisconsin.
The filing came as a three-judge panel on the 7th U.S. Circuit Court of Appeals in Chicago ruled that same sex marriage bans in Wisconsin and Indiana are unconstitutional.
Many court watchers say while the Supreme Court is not obligated to take up any of the marriage equality cases, they do expect a ruling within the next year or two.
"Supreme Court Justice Ruth Bader Ginsburg recently told Katie Couric the court won't duck its obligation to decide the issue and implied she expects a decision to come down by 2016 at the latest," according to the Advocate.com
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