Controversy rages on in U. S. society over the issues of religious liberty and sexuality. The right to marry, the destigmatization of homosexuality and reproductive freedom are issues that, historically and in the present, conflict with deep-seated religious beliefs and traditions in U.S. society. While the U.S. Congress and State Legislatures addressed these issues, especially in passing legislation to guarantee religious liberty, disputes concerning religious freedom and sexuality more often are settled by the courts. In 1967 the Supreme Court of the United States (SCOTUS) ruled state bans on interracial marriage were unconstitutional in Loving v. Virginia. In 2013, SCOTUS struck down the Defense of Marriage Act (DOMA) and refused to hear the appeal of Proposition 8 in California. This removed legal barriers to same-sex marriage. Homosexuality was decriminalized in the U.S. in 2003 when SCOTUS ruled on Lawrence v. Texas. Most recently, the decision handed down by SCOTUS in Burwell v. Hobby Lobby is generating heated discussion in the media and blogosphere. In this instance, SCOTUS ruled on a dispute between the issues of religious liberty and reproductive rights. Continue reading
The Supreme Court of the United States (SCOTUS) handed down rulings this week concerning marriage equality in law for same sex couples at the federal and state levels. The Defense of Marriage Act (DOMA), the law which prohibited the federal government from recognizing same sex marriages, was declared unconstitutional and the court refused to hear the appeal of Proposition 8 in California, the ballot measure that changed the California Constitution to add a new section 7.5 to Article I, which reads: “Only marriage between a man and a woman is valid or recognized in California.” Proposition 8 was declared unconstitutional by a lower court, the Ninth Circuit Court of Appeals, in 2012 and the government of California chose not to defend the law on its appeal to SCOTUS. Consequently, a majority of the Justices refused to hear the appeal on the grounds the appellants did not have the constitutional authority, or legal standing, to defend the law in higher courts after the state refused to appeal its loss at trial. These rulings are the latest in an interesting history of legal battles over the definition of marriage in the United States.