PBS高端访谈:最高法院正考虑将同性婚姻普遍至全美

 　　JUDY WOODRUFF: It was a historic day at the Supreme¹ Court, at stake, the definition of marriage.

　　Justices split the issue into two questions: Must every state permit same-sex marriage? And, if not, do states have to recognize same-sex marriages performed elsewhere?

　　Protesters from both sides of the debate crowded outside the court building in Washington this morning.

　　Marcia Coyle of The National Law Journal was there and she joins us now.

　　MARCIA COYLE, The National Law Journal: Hi, Judy.

　　JUDY WOODRUFF: So, Marcia, big day at the court. Knowing that, what is it, 36 of the states…

　　MARCIA COYLE: Plus the District of Columbia.

　　JUDY WOODRUFF: … already declare same-sex marriage legal, what were the petitioners² today asking the court to decide?

　　MARCIA COYLE: Well, basically, they're laying claim to the 14th Amendment³'s guarantees of equal protection and due process of law.

　　They're saying that the court has recognized that there is a fundamental right to marry, and under the 14th Amendment, they have been — they deserve to be part and to participate in that fundamental right.

　　The states that still do ban same-sex marriage, they claim, are excluding them from that fundamental right to marry. It was a packed courtroom, Judy, and the arguments were fast-paced and intense. And I hope anybody who is interested will listen to the full audio and read the transcript⁴.

　　JUDY WOODRUFF: And, in fact, we're going to listen to some of them in just a minute.

　　But how did the arguments initially⁵ unfold?

　　MARCIA COYLE: Well, the first argument was on the marriage question, whether the 14th Amendment requires states to license⁶ these marriages.

　　And the arguments focused on several key issues. The justices probed, who should be deciding this? Should it be the court itself, or should it be the states through their electorate⁷? Also, has enough time passed for us to gauge⁸ whether there's any impact, good or bad, on the family unit and children in particular of same-sex marriages?

　　And then also what is the states' real interest here in banning these marriages, when it recognizes other types of marriages, and even though they still stick with the traditional definition?

　　JUDY WOODRUFF: Now, we picked out — as you said, this is one rare cases where they do allow an audio recording⁹.

　　MARCIA COYLE: Yes.

　　JUDY WOODRUFF: And you — we have worked with you today to pick out three different clips.

　　The first one, Marcia, is an exchange initiated¹⁰ by the chief justice with the attorney representing the same-sex couple.

　　MARCIA COYLE: Right. Almost off the bat, the chief justice probed her about the definition of marriage.

　　JUDY WOODRUFF: And let's listen to that.

　　JOHN ROBERTS, Chief Justice of the U.S. Supreme Court: My question is you're not seeking to join the institution. You're seeking to change what the institution is.

　　The fundamental core of the institution is the opposite-sex relationship and you want to introduce into it a same-sex relationship.

　　MARY BONAUTO, Special Counsel, Gay and Lesbian Advocates and Defenders¹¹: Two points on that, Your Honor. To the extent that if you're talking about the fundamental right to marry as a core male-female institution, I think, when we look at the 14th Amendment, we know that it provides enduring guarantees, in that what we once viewed as the role of women, or even the role of gay people, is something that has changed in our society.

　　JUDY WOODRUFF: What do we learn from that exchange?

　　MARCIA COYLE: Well, I think the justices are being very cautious here. They're pointing out how long we have had this definition of marriage as between a man and a woman.

　　But what Ms. Bonauto was saying — and I think she got a real boost from Justice Ginsburg. Justin Ginsburg noted¹² that the institution of marriage has changed over the years. There was a time when a woman was obligated to follow her husband. But the Supreme Court in a decision ended that, so marriage does evolve and change and this is just another instance of how it can change.

　　JUDY WOODRUFF: All right. Now, the second clip we're going to listen to, this was initiated by Justice Anthony Kennedy, widely seen as a swing vote on the court.

　　MARCIA COYLE: Yes.

　　JUDY WOODRUFF: So, let's listen to that one.

　　ANTHONY KENNEDY, Associate Justice, U.S. Supreme Court: This definition has been with us for millennia¹³. And it — it's very difficult for the court to say, oh, well, we — we know better.

　　MARY BONAUTO: Well, I don't think this is a question of the court knowing better.

　　When we think about the debate, the place of gay people in our civic¹⁴ society is something that has been contested for more than a century.

　　And the American people have been debating and discussing this. It has been exhaustively aired, and the bottom line is that gay and lesbian families live in communities as neighbors throughout this whole country.

　　JUDY WOODRUFF: Now, what about that? We know that Justice Kennedy had other questions at other times that were more sympathetic to the…

　　MARCIA COYLE: Yes.

　　Later, in the arguments, there were things he said that did indicate he was sympathetic to the marriage claim. But Ms. Bonauto is again, in a way, is reassuring¹⁵ the justices that this is not something that's terribly new.

　　As she pointed¹⁶ out, first same-sex marriage case came to the Supreme Court in 1972, over 40 years ago. And the Hawaii Supreme Court, I think it was back in the early 1990s, indicated that it might rule in favor of same-sex marriage.

　　So she is saying that this is something that's been around and has been talked about. And it's time basically for the court to decide this.

　　JUDY WOODRUFF: But, just very quickly, when Justice Kennedy weighed in sounding sympathetic to the other side, what was that about?

　　MARCIA COYLE: Justice Kennedy has written the three prior decisions of the court dealing¹⁷ with gay rights, basically.

　　And if you read those decisions, as they come to the most recent one, U.S. vs. Windsor, involving the Defense¹⁸ of Marriage Act, he's spoken about the dignity of the individual. And he's also talked about the importance of marriage and dignity to gay couples and their children.

　　So, in the questioning, he did bring that forward about how marriage does bestow¹⁹ dignity on those who participate in it.

　　JUDY WOODRUFF: All right, now, the third clip, Marcia, is from an exchange between the attorney representing the states that bans same-sex marriage — his name is John Bursch — and Justice Sotomayor.

　　Here's that one.

　　JOHN BURSCH, Former Michigan Solicitor²⁰ General: This case isn't about how to define marriage. It's about who gets to decide that question. Is it the people acting²¹ through the democratic process, or is it the federal courts?

　　And we're asking you to affirm every individual's fundamental liberty interest in deciding the meaning of marriage. And I think this whole case really turns on the questions that Justice Scalia asked.

　　SONIA SOTOMAYOR, Associate Justice, U.S. Supreme Court: I'm sorry. Nobody is taking that away from anybody. Every single individual in this society chooses, if they can, their sexual orientation²² or who to marry or not marry.

　　I suspect, even with us giving gays rights to marry, that there's some gay people who will choose not to, just as there's some heterosexual couples who choose not to marry. So we're not taking anybody's liberty away.

　　JUDY WOODRUFF: So, what does that tell us?

　　MARCIA COYLE: Well, the justices are trying to get from Mr. Bursch, what is the states' real interest here? And not so much who has to decide it, as he was making that argument. That is one of the state's argument, but what is the state's interest in banning these marriages?

　　And Mr. Bursch will tell them, and he will be repeatedly asked what this is, that basically the state's interest is in promoting the stability of the family unit and the bonding of children with their biological parents, an interest in procreation as well.

　　And that's developed as the arguments go along, as justices ask him if repeatedly also, what is the harm to children or the family unit if there are gay marriages?

　　JUDY WOODRUFF: And just finally, Marcia, there was a second question, as you mentioned earlier, that the justices were discussing. It was part of the argument, and that is whether states should recognize marriages performed in other states if that state itself bans same-sex marriage.

　　MARCIA COYLE: Yes.

　　This question will become critical if those who are in favor of gay marriage lose on that first question. Then it does become a recognition issue. And, today, the lawyer for already married gay couples, Mr. Hallward-Driemeier, told the court there's not only a fundamental right to marry, but there is a right to remain married.

　　And these states that don't recognize those marriages are basically destroying that family unit in their state. And he pointed to the historical practice of states to recognize marriages conducted in other states, so why not these?

　　In reply, Tennessee's lawyer said basically that that was the historical practice when all the states had the same definition of marriage. The landscape is different today, and the state can decide not to recognize a marriage that doesn't comport²³ with its own policies.

　　JUDY WOODRUFF: Marcia Coyle, the decision is coming in June.

　　MARCIA COYLE: Yes, it is. It's going to be a big June, Judy.

　　JUDY WOODRUFF: We thank you.

　　MARCIA COYLE: My pleasure.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 petitioners   

n.请求人，请愿人( petitioner的名词复数 )；离婚案原告

参考例句：

• Petitioners suggest that anything less than certainty, that any speculation, is irresponsible. 申诉者认为不准确的事或推断都是不负责任的。 来自英汉非文学 - 环境法 - 环境法
• The judge awarded the costs of the case to the petitioners. 法官判定由这起案件的上诉人支付诉讼费用。 来自辞典例句

3 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

4 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

5 initially   

adv.最初，开始

参考例句：

• The ban was initially opposed by the US.这一禁令首先遭到美国的反对。
• Feathers initially developed from insect scales.羽毛最初由昆虫的翅瓣演化而来。

6 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

7 electorate   

n.全体选民；选区

参考例句：

• The government was responsible to the electorate.政府对全体选民负责。
• He has the backing of almost a quarter of the electorate.他得到了几乎1/4选民的支持。

8 gauge   

v.精确计量；估计；n.标准度量；计量器

参考例句：

• Can you gauge what her reaction is likely to be?你能揣测她的反应可能是什么吗？
• It's difficult to gauge one's character.要判断一个人的品格是很困难的。

9 recording   

n.录音，记录

参考例句：

• How long will the recording of the song take?录下这首歌得花多少时间？
• I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。

10 initiated   

n. 创始人 adj. 新加入的 vt. 开始，创始，启蒙，介绍加入

参考例句：

• He has not yet been thoroughly initiated into the mysteries of computers. 他对计算机的奥秘尚未入门。
• The artist initiated the girl into the art world in France. 这个艺术家介绍这个女孩加入巴黎艺术界。

11 defenders   

n.防御者( defender的名词复数 )；守卫者；保护者；辩护者

参考例句：

• The defenders were outnumbered and had to give in. 抵抗者寡不敌众，只能投降。 来自《简明英汉词典》
• After hard fighting,the defenders were still masters of the city. 守军经过奋战仍然控制着城市。 来自《简明英汉词典》

12 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

13 millennia   

n.一千年，千禧年

参考例句：

• For two millennia, exogamy was a major transgression for Jews. 两千年来，异族通婚一直是犹太人的一大禁忌。
• In the course of millennia, the dinosaurs died out. 在几千年的时间里，恐龙逐渐死绝了。

14 civic   

adj.城市的，都市的，市民的，公民的

参考例句：

• I feel it is my civic duty to vote.我认为投票选举是我作为公民的义务。
• The civic leaders helped to forward the project.市政府领导者协助促进工程的进展。

15 reassuring   

a.使人消除恐惧和疑虑的，使人放心的

参考例句：

• He gave her a reassuring pat on the shoulder. 他轻拍了一下她的肩膀让她放心。
• With a reassuring pat on her arm, he left. 他鼓励地拍了拍她的手臂就离开了。

16 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

17 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

18 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

19 bestow   

v.把…赠与，把…授予；花费

参考例句：

• He wished to bestow great honors upon the hero.他希望将那些伟大的荣誉授予这位英雄。
• What great inspiration wiII you bestow on me?你有什么伟大的灵感能馈赠给我？

20 solicitor   

n.初级律师，事务律师

参考例句：

• The solicitor's advice gave me food for thought.律师的指点值得我深思。
• The solicitor moved for an adjournment of the case.律师请求将这个案件的诉讼延期。

21 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

22 orientation   

n.方向，目标；熟悉，适应，情况介绍

参考例句：

• Children need some orientation when they go to school.小孩子上学时需要适应。
• The traveller found his orientation with the aid of a good map.旅行者借助一幅好地图得知自己的方向。

23 comport   

vi.相称，适合

参考例句：

• His behavior did not comport with his office.他的行为与他的职务很不相称。
• A judge should comport himself authoritatively.法官举止必须要庄严。