Catching up

Two historic days of arguments in marriage equality cases in the US Supreme Court marked the highest courts first foray into the delicate and politically fraught issue of same-sex marriage. The court admitted cases challenging the constitutionality of Californias Proposition 8 Prop 8,which prevents same-sex couples from getting married in that state,and the federal Defence of Marriage Act DOMA,which restricts federal marriage benefits and requires inter-state recognition to marriages between men and women only.

Both pieces of legislation have in common the fact that the government apparatus is less than keen to defend them. California officials and the Obama administration have both elected not to fight the cases. A group called ProtectMarriage has taken up the cudgels for Prop 8; congressional Republicans are doing the same for DOMA. Analysis of the arguments suggests that the court is uncomfortable delivering a sweeping statement on gay marriage; proceedings focused on procedural questions. If the court rules against DOMA,it will likely be on the grounds that the legality of gay marriage should be decided by the states,not the federal government hardly an endorsement of a nationwide right to gay marriage.

Still,just by admitting the cases,the court has energised the struggle for marriage equality. In the run-up to the hearings,an array of politicians,including possible Republican presidential contender Rob Portman,have come out in support of gay marriage. Perhaps this is in response to the unprecedented shift in public opinion. A Pew Research Centre poll from last week found that 49 per cent of adults supported legalisation,with 44 per cent opposed. Ten years ago,a Pew poll found only 33 per cent in support. In the court of public opinion,gay marriage has already won.