We're on the cusp of what could be the most significant decision regarding civil rights for a minority group in years. The U.S. Supreme Court is poised to hear arguments on two cases involving same-sex marriage. A ruling is expected this summer.

One of the cases involves the Defense of Marriage Act, a federal law that keeps benefits including tax issues and Social Security exclusively for straight, married couples. We're hard-pressed to see that one survive: For states that issue same-sex marriage licenses, it's a clear case of federal discrimination, under constitutional equal protection.

The other case involves Proposition 8 in California, where voters placed a ban on previously granted gay marriages in the state constitution. A ruling on that case could go in several different directions, so it will be interesting to watch.

Public attitudes toward same-sex unions have irreversibly shifted in recent years, with a majority of Americans saying they are in favor. What is more striking than the fact that poll after poll reflects that attitude is how fast it shifted. A recent Wall Street Journal/NBC News poll showed more than half of Americans approved of gay marriage -- up from just 30 percent in 2004. And it's no wonder: As gay relationships become more accepted by society, the likelihood of having gay partners in your family, or at your workplace or on your cul-de-sac increases.

And then a funny thing happens: Everyone realizes we have much more in common as human beings -- as partners, lovers and parents -- than not. And most Americans have a keen eye on fairness: The more we are exposed to a class that's not getting a fair shake, the more we tend to clamor for it.


So when Americans increasingly see friends, co-workers and neighbors struggling with estate planning or inheritances, child custody issues and hospital visitation rights, it serves to change hearts and minds. Particularly among young people -- the poll cited earlier shows that 37 percent of those over 65 approve of gay marriage, while 65 percent of those between 18 and 29 do.

While the Supreme Court isn't moved by polls or public opinion, it exists to interpret an old, but living, document for the times. We think the time is right for a Loving v. Virginia-style decision, which invalidated laws against interracial marriage in 1967. But that's unlikely to happen, given the cases it has chosen to review.

But invalidating a federal act that discriminates against gay couples -- so that legally wed partners can be treated like all legally wed partners -- would be a step in the right direction. It would also be an acknowledgment that despite what some groups say, a marriage license is issued by the state. It is a civic document, not a decree by a deity.

Upholding Proposition 8 seems unthinkable. If the court invalidates laws prohibiting bans on same-sex marriage, gay couples in states like Colorado -- where voters enshrined a ban into the constitution -- would benefit. If the court invalidates the case in such a way that makes it clear that the majority of any state can't vote on blocking a minority group from civil rights, gay couples all over the country would benefit.

-- Erika Stutzman, for

the Camera editorial board