Homosexual Marriage challenge and the Supreme Court
U.S. Supreme Court building. (Photo credit: Wikipedia) |
If the court does take up Perry (Proposition 8), be afraid, be very afraid. Almost no one believes the Supreme Court is ready to get out ahead of American opinion on the question at Perry's heart: Do same-sex couples have a fundamental right to marry under the U.S. Constitution?
Last Friday, the U.S. Supreme Court did take up the Perry case—as well as a case attempting to overturn the Federal Defense of Marriage Act.
This is fantastic news for marriage! It is also a strong signal that the justices are concerned with the rogue rulings of far-left, activist courts that have been practically legislating from the bench to re-define marriage.
NOM has been deeply involved in the defense of both Prop 8 and DOMA from the beginning. We submitted amicus briefs to the court in their defense, and have directly contributed over$400,000 to the legal defense of Prop 8.
The original ruling in the Prop 8 case, issued by a homosexual judge involved in a long-term same-sex relationship, was upheld (but on different grounds) by the Ninth Circuit Court of Appeals this past year.
But Judge Stephen Reinhardt, the judge who wrote that appellate decision, is the most overturned judge in America, sitting on the bench of the most overturned appeals court in America.
In this defense, we'll be able to marshal some powerful forces to aid marriage in the courtroom.
Social science data is beginning to show glimpses of what common sense has always told us: children raised without the benefit of their own loving mother and father face challenges most children in intact families are never forced to deal with. One recent study just concluded that "children of same sex couples are significantly less likely to make normal progress through school than other children: 35% less likely than the children of heterosexual married parents."
This new scientific evidence, coupled with the Family Structures Study published by Professor Mark Regnerus earlier this year, are part of a growing body of research that will surely play in favor of winning at the Supreme Court.