SalemNews.com, Salem, MA

Nation/World

November 25, 2012

Benefits fight brings lesbian couple to high court

(Continued)

“I don’t think we’ve ever had an occasion where the Supreme Court has had so many gay rights cases knocking at its door,” said Davidson, whose gay legal advocacy group represents Golinski. “That in and of itself shows how far we’ve come.”

The Supreme Court also is scheduled to discuss Friday whether it should take two more long-simmering cases dealing with relationship recognition for same-sex couples.

One is an appeal of two lower court rulings that struck down California’s voter-approved ban on same-sex marriage. The other is a challenge to an Arizona law that made state employees in same-sex relationships ineligible for domestic partner benefits.

The last time the court confronted a gay rights case was in 2010, when the justices voted 5-4 to let stand lower court rulings holding that a California law school could deny recognition to a Christian student group that does not allow gay members.

The time before that was the court’s landmark 2003 ruling in Lawrence v. Texas, which declared state anti-sodomy laws to be an unconstitutional violation of personal privacy.

Brigham Young University law professor Lynn Wardle, who testified before Congress when lawmakers were considering the Defense of Marriage Act 16 years ago, said he still thinks the law passes constitutional muster.

“Congress has the power to define for itself domestic relationships, including defining relationships for purposes of federal programs,” Wardle said.

At the same time, he said, the gay rights landscape has shifted radically since 1996, citing this month’s election of the first sitting president to declare support for same-sex marriage and four state ballot measures being decided in favor of gay rights activists.

“This is the gay moment, momentum is building,” Wardle said. “The politics are profound, and politics influence what the court does.”

Text Only | Photo Reprints
Nation/World

Local News
  • State sets tax holiday BOSTON -- Shoppers will get a holiday from the state sales tax on Aug. 16 and 17, after state lawmakers finally agreed on a weekend. The tax-free holiday has been an annual event since 2004, with the exception of 2009, when the state raised the sales

    August 1, 2014

  • crab Little green invaders threatening local clam flats IPSWICH -- The green crab is eating our lunch. It's been eating its way through Northeastern shellfish for years, and some local experts are worried that the undersized crustacean, about 31/2 to 4 inches across, has reached critical mass. The creatur

    August 1, 2014 2 Photos

  • Shoppers1 Despite shopping elsewhere, Market Basket customers remain loyal

    SALEM -- Local Market Basket customers can't hold out any longer as the company continues to weigh offers to buy the chain, including one from ousted CEO Arthur T. Demoulas. "I'm very proud of the employees and customers who have been holding out," s

    August 1, 2014 4 Photos 4 Stories

  • 140731_SN_DLE_APARTMENT6 Developer unveils new Peabody Square apartments PEABODY -- It's an indication of what he and his business partners want to do in the city's downtown, Norman Lee said Thursday as he showed off the stylish interiors of 10 brand-new apartments above Congressman John Tierney's office in Peabody Square

    August 1, 2014 10 Photos

  • Scandal raises questions about speaker's powers BOSTON -- The speaker of the state House of Representatives gets far-reaching powers to carve up the budget, control which bills advance, dole out committee chairmanships and reward favored lawmakers with plum office space on Beacon Hill. But the spe

    August 1, 2014