With the wave of marriage equality sweeping the nation, the Supreme Court has decided to finally take up the topic. The nation has come a long way since 1986 when SCOTUS upheld Georgia’s anti-sodomy law, with dozens of states now legalizing same-sex marriage and many more on the verge. Still, a question hangs around the minds of people on both sides of the argument; how will the Supreme Court prepare for and handle the issue?
Will the Supreme Court cover additional topics within the case itself perhaps? In the recent article from the Washington Times there are no anti-discrimination laws in several places around the county. This is despite many of those states allowing same-sex marriage. Whether SCOTUS will include discussion on this extended topic is not yet known, but it seems unlikely. While this issue has already been tackled on a more focused level, it still remains a problem for LGBTQA peoples around the nation.
Republican presidential candidate Mike Huckabee says that SCOTUS will not have the final say on the matter. On top of revealing his belief that SCOTUS will rule in favor of equal rights, his stance displays his willingness to fight the judicial system on the topic. Quoted as saying, “Not because it’s a politically expedient thing to do, [because] it isn’t. I’m going to do it because I believe it is the right position, it’s the biblical position, it’s the historical position.” Huckabee knows exactly that his stance is no longer the correct one politically; however, he is ready to defend his outdated religious stance regardless of whether it’s what the nation needs or wants. While his, and many others’, fears of the loss of religious freedoms are clearly heard by advocates of marriage equality, it has been ruled on ad nauseam that religious ideologies can’t supersede the secular nature of the laws of the nation without crossing the Establishment Clause within the First Amendment. The history on which Huckabee relies so heavily on is actually in his disfavor, since the Supreme Court is likely to overrule any legal motion based on the Christian Bible.
Regarding the actual debate over marriage equality, the justices will decide the law. Unfortunately for those who wish to see live action, this article by the Washington Times shows that no cameras will be allowed in the hearing, making the event even more highly suspenseful. Justices Kagan and Sotomayor have both stated that the presence of cameras could change the outcome of the case. The time has come for SCOTUS to take up the argument the justices opposed hearing earlier. Let’s hope the Judicial System, especially the Supreme Court, is prepared to handle the hearing and the effects it produces in the months to come.
