The debate over same-sex marriage has cooled in many parts of the country. People have turned their attention to the healthcare bill and the new possibility of being blown up by guys with explosives strapped to their underpants.
In reality, however, the same-sex marriage fight is now being joined in earnest. Opponents of California’s Proposition 8, which provides that only a marriage between a man and a woman would be recognized in California, have sued in federal court. The plaintiffs—Kristin Perry, Sandra Stier, Paul Katami, and Jeffrey Zarillo—allege that defining marriage as a monogamous union of opposite-sex couples violates the Due Process and Equal Protection Clauses of the 14th Amendment.

The case is currently at trial in the U.S. District Court for the Northern District of California, but it is likely to end up in the Supreme Court. The Supreme Court’s decision regarding Prop. 8’s constitutionality likely will, for all intents and purposes, permanently determine whether states can limit marriage to its traditional meaning. Of course, it is theoretically possible to amend the constitution to prohibit same-sex marriage in the U.S., but practically speaking it’s almost impossible. (more…)