Supreme Court tackles gay marriage, as advocates line up for historic argument

[WestVirginiaRebel]

Fox News:

The front-lines of the gay marriage debate move this week to the Supreme Court, as it considers two cases which have the potential to redefine marriage on a national level.

The arguments come at a time of changing views, with support for gay marriage becoming a mainstream Democratic position and the issue causing a sharp divide among Republicans.

The first case the court will take up, on Tuesday, is California's Proposition 8 ban on same-sex marriage. The court on Wednesday weighs the Defense of Marriage Act, considering a provision that defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.

It is the California case, though, that could have sweeping implications for the states. The judges could, if they choose to rule broadly, overturn every state constitutional provision and law banning same-sex marriages. Or, they could set back the gay marriage movement by upholding California's ban and continuing to leave the issue up to the states.

Signaling the widespread interest in the rulings, spectators have been lining up all weekend outside the court, camping out in Washington for a chance to hear the arguments. The issue has created fault lines within the Republican Party, as some prominent members drop their opposition to same-sex marriage while others stiffen it.

Gary Bauer, president of American Values, told "Fox News Sunday" that proponents of gay marriage are effectively asking "for unelected judges to deny the people of the states the right to decide what marriage is in their state."

Bauer said he would prefer that every state bar gay marriage. But, acknowledging that's not likely, he said the court should let the states decide. Bauer said people are only changing their minds on the issue "because there's been a full-court blitz ... by the popular culture, by elites and all kinds of folks to intimidate and to cower people into no longer defending marriage between a man and a woman."

But Nicolle Wallace, a former adviser to former President George W. Bush and to the 2008 McCain campaign, said those arguing against Prop 8 are in fact using a "conservative legal argument."

"They will basically lay out the conservative case that there is not any place in the Constitution that allows for a different set of rules for a different class of people," she told "Fox News Sunday."

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Gay marriage goes to the Supremes.