Within nine days, the U.S. Supreme Court is expected to decide whether gay marriage should be legal across the country.
Essentially, the high court is deciding whether the U.S. Constitution guarantees same-sex couples the legal right of marriage, a public institution with enormous religious significance. The controversy has fueled a pitched verbal battle between advocates who see same-sex unions as a civil right and opponents who view it as a violation if not a sin against Biblical teaching.
The decision is especially important here in Georgia, which is one of 14 states that prohibits same-sex marriage. Georgia went so far as to adopt an amendment to the state Constitution barring gay marriage in 2004.
That was also the year that Massachusetts became the first state to legalize the practice, setting off what has been remarkably sweeping change in the cultural acceptance of same-sex marriage.
Georgia gay and lesbian advocates acknowledge that a Supreme Court decision in their favor is probably the only way they can achieve marriage equality in Georgia. But opponents of same sex-marriage, many of whom base their belief on religious doctrine, have a strong voice in this state. The most recent polling shows virtually an even divide on the issue here.
Same-sex marriage, hardly imaginable 20 years ago, stands at the center of national conversation. Indeed, the entire country is watching this decision, recognizing it as a singular expression of the state of our culture.
The questions before the court
1. Does the Constitution require all states to offer marriage licenses to same-sex couples?
2. If not, does the Constitution require all states to recognize the marriage rights of same-sex couples who were legally married in another state?
The potential outcomes:
Option 1. If the court determines that same-sex marriage is a constitutional right, then it would become legal in all 50 states and the District of Columbia. The decision would invalidate all anti-gay marriage laws in the country.
Option 2. The court may rule that the Constitution does not guarantee marriage equality for same-sex couples. But the justices may at the same time rule "yes" on question 2. In this case, all legally married couples will be recognized in every state. Essentially, couples in states without same-sex marriage presumably could get married elsewhere and demand that recognition at home.
Option 3. If the court rules "no" on both questions, then the bans on gay marriage in 14 states — including Georgia — would remain in place. Beyond that, some other states whose bans were struck down by federal courts might seek to reinstate prohibitions on gay and lesbian unions.
The arguments
Gay and lesbian advocates say their marriage rights are guaranteed under the equal protection provisions of the 14th Amendment. They also say the bans make second-class citizens of same-sex couples and their families. They compare the bans preventing them from marrying to past bans on interracial marriage. The Supreme Court struck down those bans in 1967.
Those opposed to same-sex marriage often point to sections of the Bible that they say declare homosexuality a sin, and limit marriage to between a man and a woman. They also note that voters in many states have backed changes to their constitutions to limit marriage to a man and a woman. Many believe the national debate on this is hardly over, and that the matter should be left to each state to decide.
Which way is the court leaning?
Many court watchers — and even many of the staunchest opponents — suspect the court will rule in favor of marriage equality for same-sex couples. They note that two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.
Since then, numerous federal courts across the country have cited that decision in striking down bans on same-sex marriage, and the number of states permitting it has grown rapidly.
Some numbers:
36 states allow gay marriage.
14 states ban gay marriage, including Georgia.
20 states had bans on same sex marriage that were struck down by a federal court.
Two states, Georgia being one, currently ban gay marriage and have no court ruling lifting it.
The justice to watch
All eyes are on Justice Anthony Kennedy, considering that during the oral arguments the four more liberal judges and four more conservative judges offered little reason to doubt how they will vote. In prior opinions, Kennedy has sided with advancing the rights of gays. During oral argument in April, he both recognized the long held beliefs surrounding marriage as well as the desire on the part of same-sex couples for the dignity and rights that marriage bestows.
Potential impact on churches and others
Whatever the outcome, efforts are expected to continue to carve out religious exemptions for people and institutions that object to same-sex marriage. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers refuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men?
Meanwhile, civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.
Gay marriage, gay divorce
One benefit of legalized gay marriage is that couples will have a legal avenue to dissolve their unions. The ability to divorce would provide each partner legal protections — i.e., court supervision — in the division of property that opposite-sex couples have long taken for granted.
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