|
| FILE – In this Feb. 7, 2012, file photo Ted Olson, right, lead Co-Counsel for the American Foundation for Equal Rights, seen with Proposition 8 paintiffs, Jeff Zarrillo, left, and Paul Katami, middle, comments on the announcement that California's same-sex marriage ban is unconstitutional during a American Foundation for Equal Rights conference in Los Angeles. A continuing distinct partisan divide is present in the gay marriage cases at the U.S. Supreme Court, set for arguments March 26-27, 2013, even though a brief on behalf of more than 100 prominent Republicans calls for marriage equality. The split is most in evidence in legal briefs filed with the court by state attorneys general. |
WASHINGTON
(AP) -- No Democratic attorney general in a state that prohibits
same-sex couples from marrying has signed onto a legal filing asking the
Supreme Court to uphold California's constitutional ban on gay
marriage.
No Republican attorney general is asking the high court to rule in favor of marriage equality.
The
Republican leadership in the House of Representatives, supported by 10
GOP senators, is spearheading the defense of the federal law that
prevents legally married gay couples from collecting a range of federal
benefits otherwise available to married couples.
Some
212 Democrats and independents in Congress want part of the federal
Defense of Marriage Act overturned. That includes two dozen who
initially voted for it.
A continuing distinct
partisan divide is present in the gay marriage cases at the Supreme
Court, set for arguments March 26-27, even though a brief on behalf of
more than 100 prominent Republicans calls for marriage equality. The
split is most apparent in legal briefs filed with the court by state
attorneys general.
All 21 attorneys general
who have signed legal briefs or letters urging the court to uphold
California's ban on same-sex marriage are Republican.
The
result of the federal appeals court ruling striking down California's
ban, known as Proposition 8, "is disintegration of perhaps the most
fundamental and revered cultural institution of American life: marriage
as we know it," the Republicans said. The states represented on the
briefs mostly are reliably Republican and chose GOP nominee Mitt Romney
over President Barack Obama in November.
But also are included are four states won by Obama - Colorado, Michigan, Virginia and Wisconsin.
An
additional 14 attorneys general who are asking the court for the
opposite outcome are Democrats, including those from the nine states
that allow gay couples to wed. Also among those Democrats are
California's Kamala Harris and Ellen Rosenblum of Oregon, which has a
constitutional prohibition on same-sex weddings. Obama won all 14
states.
Removing barriers and promoting the
equality of spouses has strengthened the institution of marriage, the
Democratic attorneys general said. "Over the past decade, this evolution
has been affirmed as same-sex couples have been permitted to marry.
Against that history of greater inclusion and equality, Proposition 8
singles out same-sex couples and excludes them from the opportunity to
marry," the Democrats said.
Florida and Ohio
are among nine other states that define marriage as the union of a man
and a woman in their constitutions, but that are not represented in the
Supreme Court debate at all.
Obama won both
states in November, but Republicans control the state government.
Spokesmen for Florida Attorney General Pam Bondi and Ohio Attorney
General Mike DeWine, both Republicans, declined comment.
In
the seven other states, a Democrat is attorney general. Mississippi
Attorney General Jim Hood wants the court to issue narrow rulings in
both cases, spokeswoman Jan Schaefer said. "The outcome of the two cases
should not directly impact Mississippi law," Schaefer said.
The
participants in the two cases and other interested parties have
submitted nearly 200 briefs that range from broad historical overviews
to personal stories to technical legal matters.
The
Catholic Church, the Southern Baptist Convention, the Mormon church and
Orthodox Jewish congregations are among the religious organizations
urging the court to uphold the California provision.
Supporters
of same-sex marriage include Episcopal bishops in California, the
United Church of Christ, and the Reform and Conservative movements in
Judaism.
There are testimonials in support of
gay marriage from the straight parents and siblings of gays and
lesbians, as well as from people who call themselves survivors of
efforts to help them change their sexual orientation. On the other side,
some members of the ex-gay community defend traditional marriage laws,
and some gay and bisexual men say the courts should not be involved in
defining marriage.
One group of international
scholars and jurists argues that reserving marriage for straight
couples, while offering other protections for gay Americans, is
consistent with practices in other countries. Experts in foreign law
claim that upholding Proposition 8 would diminish the U.S. on the world
stage at a time when many other nations also are moving toward marriage
equality.
The court is expected to rule in the cases by the end of June.
