Same-Sex Marriage
The heated debate over same-sex marriage is one of the most polarizing issues currently facing the American legal community. It is a controversy being played out in every branch of the federal government, from the floor of the US Senate to the Oval Office. It has raised concerns over the nature of federalism, the constitutional protections afforded on the basis of sexual identity, and the role which societal values ultimately play in the formation of public policy. The American Bar Association's (ABA) endorsement of same-sex marriage in August 2010, and the official repeal of Don't Ask, Don't Tell in September 2011 seem to indicate a trend toward the legal recognition of same-sex marriage. However, while President Barack Obama has affirmed his support for the repeal of the Defense of Marriage Act (DOMA), enforcement of the law continues and heavy legislative opposition to same-sex marriage has prevented its repeal. The stage has been set in the US Court of Appeals for the Ninth Circuit for what could eventually be a definitive ruling on same-sex marriage. The Ninth Circuit heard oral arguments in December 2011 on the state of California's same-sex marriage ban, Proposition 8. The case is widely expected to eventually end up in the US Supreme Court.... [more]
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