Appeal to gay law tossed
2004-11-30 14:02
Washington - The US Supreme Court has rejected a challenge to the only state that allows gay marriages, declining to hear an appeal aimed at overturning the Massachusetts law that prompted a debate on the legality and morality of same-sex unions.
The decision ended the legal fight over a 4-3 Massachusetts high court ruling last November giving gay couples the right to marry.
But both sides say the Supreme Court's unwillingness to intervene means there will be more fights in courts and legislatures around the country.
President George W Bush has promised to make passage of an anti-gay marriage constitutional amendment a priority in his second term.
"Activist judges are seeking to redefine marriage for the rest of society, and the people's voice is not being heard in this process," said presidential spokesperson Scott McClellan.
"That's why the president is committed to moving forward with Congress on a constitutional amendment that would protect the sanctity of marriage."
3 000 gay couples married
Lambda and other gay-rights groups were heartened that the Supreme Court let the ruling of the Massachusetts Supreme Judicial Court stand. In the past year, at least 3 000 gay Massachusetts couples have wed.
"The bottom line is nobody is being harmed by the Massachusetts state law treating all couples equally," said David Buckel, Lambda's legal marriage project director.
Lambda currently is suing in four states - California, New Jersey, New York and Washington - on behalf of same-sex couples seeking marriage.
Liberty Counsel, the Florida-based conservative group that filed the challenge to the Massachusetts law, argued the state Supreme Court ruling violated the US Constitution because state judges had made a decision more properly decided by elected legislatures.
Majority of Americans opposed to gay marriages
The high court rejected the appeal without comment.
Liberty Counsel is continuing the fight elsewhere, lobbying more than two dozen states to pass state amendments banning gay marriages.
"We will see legal battles around marriage hashed out in state courts, state legislatures and in state referenda," said Chai Feldblum, a civil rights law professor at Georgetown University.
Gay marriage is opposed by a majority of Americans, according to an AP-Ipsos poll. The poll taken November 19 to 21 found that 61% oppose gay marriage and 35% support it.
People are about evenly divided on whether gays should be allowed to form civil unions, which would give them many of the same legal rights as marriage, other polls have found.
Earlier this month, anti-gay marriage ballot initiatives passed in all 11 states that had them.
- AP