Same-Sex Marriages

On March 4, the state Supreme Court will have a three-hour hearing about the constitutionality of a law that allows only opposite-sex couples to marry. While I assume that the due process and 14th amendment arguments (which we went over in class during cases such as Lawrence v. Texas) will be used to oppose the law, what surprised me were the groups that were making the arguments. Although religions are supporting the law, as usual, claiming that marriage should be between a man and a women because it is the "lifeblood of community, society, and the state", other religious sects are opposing the law as well. These religious groups claim that they have historically honored same-sex marriages and that the current law "violates the California Constitution's guarantee of 'free exercise and enjoyment of religion without discrimination or preference,'" by approving some sects while disapproving of others that allow same-sex marriages. Fifty Amicus Curiae briefs have been filed so far, representing hundreds of organizations and individuals.

Churches and same-sex marriage