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Worry Tempers Joy Over Gay Marriage’s Moment in Court

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From The New York Times:  http://www.nytimes.com/2012/12/09/us/gay-activists-weigh-possibilities-of-marriage-ruling.html

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Published: December 8, 2012

LOS ANGELES — Within moments of the announcement on Friday that the Supreme Court would hear two cases relating to same-sex marriage, gay activists rejoiced, heralding the decision as a major advancement for their movement.

“Today’s news is nothing short of a milestone moment for equality,” said Chad Griffin, a champion of the legal challenge to Proposition 8, the California initiative passed in November 2008 that banned same-sex marriage and is now heading to the Supreme Court.

Yet amid the celebration, there were signs of concern over how the Supreme Court might rule. The fact that the Supreme Court is hearing the cases hardly means it is about to ratify same-sex marriage. As supporters and opponents said in interviews, the court might well use these cases to find that there is no constitutional protection for same-sex marriage.

“There is no question that it is a risk,” said Lt. Gov. Gavin Newsom of California. “If they nationalize it and reject it, that’s going to take decades to come back to the court.”

As the mayor of San Francisco, Mr. Newsom began issuing marriage licenses to same-sex couples just over a month after his election in 2004 until he was stopped by the courts.

Mr. Newsom said he trusted the counsel of the high-profile lawyers for the plaintiffs, David Boies and Theodore B. Olson, that this time and this court were right for the case.

“I’m going to defer to their expertise rather than my instincts,” Mr. Newsom said. “I think it’s worth the risk.”

Jubilation was tempered with apprehension as the implications of the decision were discussed across the country.

Continue reading at:  http://www.nytimes.com/2012/12/09/us/gay-activists-weigh-possibilities-of-marriage-ruling.html



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