Catholic College Profs Spur Same-Sex Marriage Efforts Following Court Rulings

Jun 28, 2013 by

rainbowrings-300x221Professors at Catholic universities were quick to comment on Wednesday’s Supreme Court rulings that overturned the federal Defense of Marriage Act (DOMA) and allowed same-sex marriage to proceed in California.

While much of the commentary was legal analysis — such as that by Notre Dame law professor Richard Garnett, who told the National Catholic Register to expect a more heated legal battle following Wednesday’s rulings — others seemed inspired to spur on the activists for same-sex marriage.

Doug NeJaime of Loyola School of Law in Los Angeles, which is affiliated with Loyola Marymount University, commented on the rulings for publications including The Atlantic, the Pittsburgh Post-Gazette and the Washington Blade, a homosexual-oriented publication.

“It’s a very big day obviously,” NeJaime reportedly told The Atlantic. “It’s two big steps forward for the same-sex marriage cause. But the interesting question is what happens down the road, because the constitutionality of state bans has not been resolved.”

He reminded activists that overturning DOMA did nothing to gain federal benefits for same-sex partners in states that do not allow same-sex marriage.

“Couples in those 38 states have the same legal status that they had yesterday. They can’t get married under state law, and they don’t have the access to federal benefits that hinge on marriage,” NeJaime told the Post-Gazette.

But Elizabeth Cooper of the Fordham University School of Law gave hope to activists in her comment to The National Law Journal:

“Although the court declined to address the question of whether same-sex couples have a constitutional right to marry in Perry, that question will one day come squarely before the court and it will answer in the affirmative. Indeed, the logic of Windsor [striking down DOMA] compels such a result.”

Cooper’s colleague, Fordham political science professor Robert Hume, laid out a post-ruling strategy for same-sex marriage activists while promoting his book, Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, at the Oxford University Press blog:


Catholic College Profs Spur Same-Sex Marriage Efforts Following Court Rulings.

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