“Save Me”, starring Anne Heche as a housewife who talks to God. Courtesy NBC.

The Boy Scouts agreed to allow gay members (but not leaders) in a vote that was 61% in favor, according to The AP. The usual suspects weren’t happy about it, and gay rights groups called it a major — if partial — victory.

The Scouts put out this kind of interesting note about sexual orientation v. sexual behavior:

We are unaware of any major religious chartered organization that believes a youth member simply stating he or she is attracted to the same sex, but not engaging in sexual activity, should make him or her unwelcome in their congregation.

The Mormons, who sponsor more Scout troops than anyone else, say they’re still cool with the new policy. John Stemberger of the group On My Honor, not so much. Mark Silk explains why this is a challenge for (and to) many churches.

When gay Catholics are outed (and losing their jobs) because of wedding announcements and even obituaries, it raises a good question: can gay and lesbian Catholics find a home in the church?

There’s an interesting debate within Reform Judaism about whether to allow rabbis who are married to non-Jews. More here, and a counter voice here.

Thing That Make You Go Hmmm: A new study suggests that WW2 vets who were troubled by their wartime experience are more likely to be in church today than GI’s who had a positive experience.

Neo-Reformed evangelical leader John Piper thought it was a good idea to quote the Book of Job and a verse about a mighty wind blowing down a house in the wake of this week’s tornado. Other evangelicals? Yeah, not so much.

HuffPo’s Paul Raushenbush sits down with actress Anne Heche to talk about the theology behind her new sitcom, “Save Me,” in which she plays a Cincinnati housewife who gets messages from God. Full disclosure: I tried to watch last night and just couldn’t get into it.

Reuters says religion is bringing balm and comfort in deeply religious Oklahoma following this week’s devastating tornado.

The Atlantic breaks down the connection between convicted Philly abortionist Kermit Gosnell and a move on Capitol Hill to ban abortion after the 20-week mark, both in D.C. and across the nation.

And God bless The Atlantic, they also break down President Obama’s weighty speech on drone policy yesterday into one easy-to-read flow chart. Check it out.

The Christian Brothers religious order has agreed to pay $16.5 million to settle abuse lawsuits with 400 victims stemming from the order’s network of Catholic schools.

Our own Jana Reiss takes her fellow Mormons to task for being a smidge too judgmental at folks who don’t look like they came out of Mormon Central Casting.

The woman who confronted the savages who butchered a British soldier on the streets of London says she drew courage from her Catholic faith. U.K. Muslim leaders called the suspects “low vile scum.”

The president of El Salvador made a personal appeal to Pope Francis to put the sainthood cause of slain Archbishop Oscar Romero on the front burner; Francis has already indicated he’s interested.

Speaking of Uncle Frank, atheists like what they see in the pope’s new-found openness to nonbelievers, particularly the idea that you don’t have to be religious to do good in the world.

And with that, it’s off to a long three-day weekend. But between your Memorial Day BBQs and beach getaways, take a minute and thank a vet or, better yet, thank the family of a serviceman or woman who never made it all the way home.

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WaPo reports on the growing number of seminary grads who have no intention of ever going into the pulpit.

Image of bedtime prayers via Shutterstock (http://shutr.bz/13FDBKw)

From the Dept. of So It’s Not Just Me, Pope Francis admits he sometimes falls asleep while saying his bedtime prayers. “But (God) understands.”

Thinking of bringing a couple of shotguns onto school property? That could get you in trouble with the principal, but it could also get you a scholarship to Liberty University.

Christian rocker Matt Maher has a growing following among evangelicals — even though he’s a cradle Catholic.

In almost June, which means wedding season is in high swing. But that doesn’t mean you need to have God on the invite list. And if it’s a gay wedding, don’t forget the Xanax.

Remember the “ethical kosher” movement? Four years later, the Forward reports, it’s gone nowhere.

Francis also used Pentecost Sunday to remind his flock that they should resist the urge to become “barricaded in transient structures which have lost their capacity for openness to what is new.” In other words, get ready for things to get shaken up.

A Ph.D. student (and ordained minister) is on a hunger strike in solidarity with the Gitmo detainees.

Condolences to Mormon president Thomas Monson, who lost his wife, Frances, after nearly 65 years of marriage.

Too soon? Westminster Abbey is already planning to involve other faiths in the next coronation of the British monarch (Elizabeth II is still very much alive) but insists it won’t be a “multifaith” event.

Rabbi Eric Yoffie, former president of the Reform movement, has a message for the ultra-Orthodox forces who don’t want women to pray at the Western Wall: Bring it on.

After a long and tortuous debate, gay and lesbian couples can now get married in France. Maybe that’s where Stefon and Coop were headed on Saturday night.

Before you head down the aisle, make sure you’re signed up to receive the Roundup in your inbox, for free, every Monday through Friday.

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image of carrot cake via Emily’s Recipe Page (http://tiger.towson.edu/~epower4/recipe.html)

Massachusetts inmate Daniel LaPlante is suing over access to ritual items of his Wiccan faith, including carrot cake, colored pens and, um, dragon blood. The full list is here.

One person who’s happy that Minnesota legalized gay marriage: Jay Bakker, son of televangelists Jim and Tammy Faye Bakker, who served up “rainbow Communion bread” at the inaugural service of his Revolution Church in Minneapolis.

From the Dept. of Oh Pat, You Shouldn’t Have, Pat Robertson says “males have a tendency to wander a little bit” and it’s the wife’s job to make sure the home life is so great that he doesn’t have reason to stray.

Perhaps he’s thinking of Victoria’s Secret model Kylie Bisutti, who’s quitting the runway for her husband and for God.

Along those lines, our own Jonathan Merritt keeps it going with Seattle megachurch pastor Mark Driscoll (whom Merritt said was this generation’s Robertson) and ponders the power of words.

Looks like more and more Canadians are spending Sunday mornings in a booth at Tim Horton’s than at a pew inside a church.

North Carolina is inching toward becoming the eighth state to ban “foreign laws” (i.e., Islamic Shariah law) from state courtrooms.

Speaking of foreign laws, a German evangelical family that says they’ll face persecution back home for home-schooling their kids lost an asylum bid at a federal appeals court; they’re ready to take it to the Supremes.

Increasing numbers of congregations are starting vegetable gardens with the goal of tilling the soil, tending the soul and keeping food pantries well stocked.

As Washington is fixated over the IRS/Tea Party scandal, others say it’s worth remembering that liberal churches — namely, All Saints Episcopal in Pasadena, Calif. — were the victims of a “witch hunt” by the IRS under former President George W. Bush.

Catholic bishops and others are worried about a human cloning breakthrough in Oregon, saying it could lead to designer babies.

Franklin Graham says he was targeted by the IRS, as well as the staunchly pro-Israel group Z Street.

A whole range of Christian leaders came together in D.C. to preach civility, but as our own Lauren Markoe notes, apparently they couldn’t agree on exactly what that would look like.

Yes, it has come to this: There are now tours of Buenos Aires where you can see all the sites Cardinal Jorge Bergoglio frequented before he became Pope Francis.

For those of you out there who are loathe to tweet: The head of the Saudi religious police says using Twitter can send you to hell.

Reports out of China say a Tibetan monk was beaten to death by Chinese police after two cassettes of the Dalai Lama’s speeches were found in his room. People still use cassettes?

Israel’s (female) attorney general is putting her foot down that yes, Jewish women will have access to the sacred Western Wall.

French officials are concerned that prisons are a breeding ground for radical Islam.

That’s it for today, folks. To all of you who contributed to our recent spring fundraising drive, thank you thank you thank you!

The post Thursday’s Religion News Roundup: Twitter hell * Wiccan Must-Haves * Veggie Values appeared first on Religion News Service.

C’mon, who can resist this face?

This is Gus. As you can see, Gus really likes avocados. As in, really really likes avocados. The thing is, avocados cost money, and his dad (that’d be me) has to have a job in order to keep Gus supplied in guacamole.

Knowing that you can’t resist that face, please consider a donation to RNS to help fund the Roundup, help keep me in a job and help this kid get his avocados. Gus thanks you in advance. He also needs a diaper change, if anyone is feeling extra generous.

Meanwhile, in the news …

Fascinating debate on the Senate floor yesterday about climate change, with Rhode Island Democrat Sheldon Whitehouse scoffing at the notion that God won’t allow humans to screw up the environment:

“We are here to do God’s work. He’s not here to do ours. How arrogant — how very far from humility — would be the self-satisfied, smug assurance that God, a tidy-up-after-us God will come and clean up our mess?”

Speaking of a mess, our own Jeff MacDonald asks why Boston-area Christian leaders are so muted on the controversy over where to bury Tamerlan Tsarnaev.

Catholic bishops are distributing bulletin inserts, asking Catholics to “pray, fast and sacrifice” ahead of the Supreme Court’s upcoming decisions on gay marriage.

The activists who plan the March for Life in D.C. every year are exporting their tactics to Rome for this weekend’s anti-abortion march.

Tom Ogletree, the former Yale Divinity dean who is now facing church charges for presiding at his son’s same-sex wedding, explains why he broke the laws of the United Methodist Church. In a word, he says, they’re unjust.

Sgt. 1st Class Naida Hosan is on a one-woman crusade for better treatment in the Army, saying she’s not Muslim as many other soldiers assume (she’s Catholic) and no, she doesn’t appreciate being called “Sgt. Hussein.”

Those cheerleaders in Kountze, Texas, who made giant banners with Bible verses for football players to break through? They’re kosher, a Texas judge said. An appeal may or may not be in the offing.

As awareness of mental illness gains traction in religious circles, Katharine Welby (daughter of new Archbishop of Canterbury Justin Welby) talks about her battles with depression.

A Catholic archbishop in Puerto Rico is asking his flock to pray — not send letters — that he can keep his job despite Vatican pressure to resign for his (mis)handling of sexual abuse cases.

Too far? A Hong Kong artist got her back covered in tattoos resembling the 39 lashes Jesus endured before his crucifixion. The tattoos are actually scribbled prayers, and there’s more detail here.

Remember Cardinal Gianfranco Ravasi, the culturally savvy Italian who was in the running to be pope? He was in Mexico City, and said the popular Mexican Santa Muerte (Death Saint) is blasphemous.

Pope Francis — can we call him Frank? — cautioned nuns not to become spiritual “spinsters.” Someone’s gonna get a ruler across his knuckles.

Israel’s attorney general said the days of gender segregation on public buses will soon be over, saying she’s had enough.

Totally not a religion story but totally awesome nonetheless: Police in Madison, Wis., had to remind people not to call 911 to report dead people “lying in the grass.” They’re called sunbathers, people.

The post Thursday’s Religion News Roundup: G-O Cheerleaders * Santa Muerte * Jesus tattoo appeared first on Religion News Service.

photo courtesy of Sainsbury’s.

And the Catholic Diocese of Pittsburgh isn’t happy with a female Carnegie Mellon student who dressed as the pope from the waist up. Over to you, HuffPo, to explain the student’s artful shaving of her privates.

From the Dept. of Old Popes Never Really Go Away, our old pal B16 is scheduled to return to the Vatican tomorrow to live out his retirement in a retrofitted convent.

A happy 100th birthday to the good folks over at the Anti-Defamation League. Mazel tov!

The Jews are on the move again — this time to laid-back Portland, Ore., according to The Forward, where organizing a bunch of folks in search of taking it easy is proving a challenge.

AshleyMadison.com, the online haven for cheaters, has a new poster boy (literally) for infidelity: South Carolina’s Mark Sanford, he of hiking-along-the-Appalachian Trail fame.

CBN’s David Brody doesn’t understand what all the fuss is about after NBA player Jason Collins came out as gay. Cuz ya know, it’s hip to be gay. Maybe this series of tweets by former New York Knicks Larry Johnson will show Brody what Collins was up against.

New Jersey Catholics want answers as to why a priest who admitted abuse has been allowed to work with children again, despite a court-ordered settlement that imposed a lifetime ban on access to kids.

The Supreme Court declined to hear Alabama’s challenge to a court ruling that tossed out much of the state’s get-tough immigration law, and the three Catholic, Methodist and Episcopal bishops who fought the law feel vindicated.

It’s time to order new business cards for our own Jana Riess, who says “garden-variety heretic” is perhaps a better job title. Jonathan Merritt, meanwhile, wonders what to do with legions of religious parents who home-school their kids.

American Muslims are surprisingly supportive of the idea that other faiths can find eternal life in heaven, according to a new poll.

Wedding bells — er, civil union bells — are ringing across Colorado for gay and lesbian couples.

Keith and Kristyn Getty like having their modern hymns being sung in churches, but they’re equally happy to have them land one day in dusty old hymnals.

Some 15 countries were cited by a watchdog panel for violating religious freedom, along with a host of trans-national terror groups who are not easily classified as a nation states.

Possibly among the list: the guys who kidnapped two Orthodox bishops in war-torn Syria and still haven’t released them.

A Catholic priest in Brazil who defied the church by supporting homosexuality and open marriage has lost his job. “I feel honored to belong to the long list of people,” the formerly Rev. Roberto Francisco Daniel said, “who have been murdered and burned alive for thinking and searching for knowledge.”

Ouch. Britons put as much faith in the church as they do in Google — and they don’t mean that as a compliment. And they likely put more trust in the shelves of Sainsbury’s than the churches they rarely visit.

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The post Wednesday’s Religion News Roundup: B16 2.0 * St. Sainsbury * ADL at 100 appeared first on Religion News Service.

Mormons, who sponsor more Boy Scout troops that anyone else, say they’re cool with the BSA’s new policy to allow gay Scouts but keep the ban on gay leaders.

Shutterstock portrait of a beautiful young woman staring into the camera. Apparently something stinks. http://shutr.bz/15MaZ4T

Becoming a Hasidic Jew led writer Chaya Kurtz to become less, um, flatulent in public. Our favorite part: the good folks at xojane.com tagged the story under “Healthy, farting.”

So it turns out the nice Jewish boy from L.A. doesn’t get to take supermodel Kate Upton to his senior prom after all. Maybe Chaya Kurtz is free that night.

It’s the story that keeps on giving: The Catholic bishop of Long Island returned 300 pages of signatures to a gay man who was ousted from his parish duties for marrying his husband. The cover letter said simply: “FROM YOUR FAITHFUL ROMAN CATHOLIC BISHOP.” I guess that’s a no.

Speaking of which, a gay German man who was ousted can’t get his job back, a court ruled.

Remember John Paulk, the one-time poster boy for the ex-gay movement who left Focus on the Family not long after he was spotted inside a D.C. gay bar? He’s apologized for his ex-gay work, saying “At the time, I truly believed that it would happen. And while many things in my life did change as a Christian, my sexual orientation did not.”

Paulk also says his marriage to an ex-gay lesbian is ending. I guess that makes her his ex-gay ex-wife? I dunno.

He must have lost a lot of money at blackjack: A Las Vegas man was so irate he couldn’t talk with his pastor RIGHT NOW that he drove his car into the church.

Maybe he should try some of this: NPR takes us inside a New Mexico church that uses “Brazilian huasca tea, which has psychoactive properties said to produce a trance-like state.”

Pope Benedict XVI is expected to return to living inside the Vatican in the next week or so, the church’s top spokesman says.

Atheist groups had a little trouble yesterday deciding whether to protest — or not — outside Bangladeshi institutions in defense of atheist bloggers after a building collapse in the country’s capital killed 200+.

Emerging from seclusion, the new Coptic pope is none too pleased with Egypt’s treatment of his flock.

We emerge from our own seclusion once a day, five days a week to deliver the Religion News Roundup to your inbox. If you’re not signed up already, you can fill out the form below. Happy weekend, y’all …

The post Friday’s Religion News Roundup: Ex-ex-gay * Kate Upton fail * Benedict returns appeared first on Religion News Service.

Imam Muhammad Magid of the Islamic Society of North America said Muslim Americans should not be held responsible for the acts of other militant Muslims. RNS photo by Kevin Eckstrom.

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“We will never allow ourselves to be hijacked by this attempt, and we will not allow the perception to be that there is any religion in the world that condones the taking of innocent life,” said Nihad Awad, national executive director of the Council on American-Islamic Relations.

As the manhunt intensified in and around Boston, Muslim leaders convened a press conference Friday (April 19) to denounce the attacks and to urge the media not to link their faith with violent extremism.

Authorities say brothers Dzhokhar Tsarnaev, 19, and Tamerlan Tsarnaev, 26, planted the bombs at the Boston Marathon on Monday before going on a deadly rampage across the city in the early hours of Friday morning. The older Tsarnaev was killed in an exchange of gunfire with police while his younger brother fled.

Officials say the Tsarnaev family is originally from Chechnya, a restive region whose civil war with Russia has spawned waves of extremists. It remains unclear, however, whether the Tsarnaev brothers identified as militants for Islam.

Imam Benjamin Abdul-Haqq of Washington’s Masjid Muhammad mosque, said identifying as a Muslim is different from acting like one.

“Just because they say they’re Muslim doesn’t make them Muslim,” Abdul-Haqq said at the press conference convened by CAIR and other leading Muslim groups. “These are criminal acts, not religious acts.”

American Muslim leaders have gone to great lengths to stress that their religion does not condone violence and that terrorist acts committed in the name of Islam contradict the faith. Muslim groups appealed to Americans not to rush to judgment and not to lash out at innocent people.

“Every faith has within it heretical elements, and unfortunately some young people will listen to those elements,” said CAIR spokesman Corey Saylor. “What you’re looking at now is a force that is pushing back against that loudly and clearly.”

The Muslim leaders from CAIR, the Muslim Public Affairs Council, the Islamic Society of North America and other groups expressed frustration that they are once again being forced to defend their faith against the actions of extremists.

“As a Muslim American community, we should not be held accountable for the acts of any individual,” said Imam Mohamed Magid, president of the Islamic Society of North America.

The post Muslim leaders: We stand against terrorism appeared first on Religion News Service.

A woman cries during an interfaith memorial service for victims of the Boston Marathon bombing at the Cathedral of the Holy Cross. Photo courtesy Gregory Tracy/The Boston Pilot.

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President Obama joined religious leaders in Boston yesterday to praise the city for overcoming “the face of evil.” BU’s Stephen Prothero heard echoes of Ronald Reagan in Obama’s speech.

The Atlantic has a video compilation of Obama as consoler-in-chief over the years.

A new wrinkle in the gay-Catholic debate: A teacher at a Catholic school in Ohio was fired for being gay after her partner’s name appeared in her mother’s obituary. Some anonymous tipster notified the local diocese.

Worth reading: Duke preaching professor Richard Lischer chronicles his wrestling with God over the death of his son, Adam, from cancer.

An Oklahoma lawmaker apologized (or tried to laugh it off) after he used the phrase “Jew me down” during a legislative debate. His attempted recovery? “I apologize to the Jews. They’re good small businessmen as well.”

Remember that high-stakes (and expensive) property fight between the Episcopal Church and a breakaway congregation in Virginia? The state Supreme Court yesterday said the property (but not all the money) belongs to the Episcopal Church.

Evangelicals, at least so far, like what they see on immigration reform.

From the Dept. of I Guess He Meant It: Pope Francis, who wants a “poor church, for the poor,” said Vatican employees won’t get a bonus to mark his election and the money will go to charity, instead.

Here’s Francis’ latest theological insight: “When we talk to God we speak with persons who are concrete and tangible, not some misty, diffused god-like “‘god spray” that’s a little bit everywhere but who knows what it is.”

The pope’s rabbi friend said he’s certain that Francis will open the Vatican files on Pope Pius XII, the controversial pope during World War II who’s accused of not doing enough to save Jews from Hitler.

A Tibetan man who tried (and failed) to set himself ablaze near the Dalai Lama’s government-in-exile in India says he won’t do it again because he doesn’t want to create trouble for the Dalai Lama.

Whoops: Reuters accidentally published an obituary of Jewish billionaire George Soros.

Not at all religious but kinda fascinating: a Texas man crossed the finish line at the Boston Marathon seconds before the bombs went off, and then when he got home the fertilizer plant in West blew up as he was driving by. Someone get this man a cocktail.

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The post Friday’s Religion News Roundup: Chechnya 101 * “Jew me down” * “God spray” appeared first on Religion News Service.

Remember that case of a college professor in Florida who had students stomp on a piece of paper with “Jesus” written on it? She’s been put on leave, but only to protect her safety, Florida Atlantic University says.

Students at Liberty University will be able to pack heat in the classrooms under new rules adopted by Jerry Fallwell’s school.

Worth watching: HBO airs a documentary on Monday (Holocaust Remembrance Day) about the Jewish couple from Philadelphia who set out to rescue 50 children from Nazi-occupied Austria.

From the Dept. of Well That Was Short, a North Carolina bill that would allow the state to ignore the constitutional ban on an established religion won’t see the light of day.

The Catholic Archdiocese for the Military is none too pleased that “Catholicism” was included with other examples of “religious extremism” in an Army training presentation, alongside al-Qaida, Hamas and, for good measure, evangelicals. Here’s the full list:

Dust off your Weather Girls CDs and break out your umbrellas: Culture warriors Matt Barber and Mat Staver are continuing the meme that the reason God sent Noah’s flood was to stop gay marriage.

Speaking of, Southern Baptist President Fred Luter says he didn’t mean to imply that we may be going to war with North Korea because gays are getting married and may be allowed into the Boy Scouts.

Guyism — dubbed the source for “what guys need” — lists “9 of the most ridiculous televangelists.” Coming in at No. 1: Benny Hinn, or John Hagee (depending on how you read the list)

Significant because it “appears to have been met mostly with a shrug”: Florida Sen. Bill Nelson, a conservative-ish Democrat, becomes the 51st senator to support gay marriage: “If we are endowed by our Creator with rights,” Nelson said in a statement, “then why shouldn’t those be attainable by Gays and Lesbians?”

More evidence of the cultural shifts around us: More Americans (52%) now support the legalization of marijuana than oppose it (45%). And it aint even 4/20 yet.

Americans think the Bible holds the answers to the nation’s moral ills, but they’re in no rush to dust off one of the 4.4 Bibles in their homes.

Is Harry Potter an Orthodox Christian? Perhaps.

A judge in Oregon said that children who are wards of the state may be vaccinated over their parents’ religious objections.

The Government Accountability Office (basically a giant government consulting firm) wants the State Department and the U.S. Commission on International Religious Freedom to kiss and make up.

Feminists across Europe staged a “topless jihad” (warning: some may find the photos racy or NSFW) in support of a Tunisian woman who posted a photo of herself with the words “I own my body; it’s not the source of anyone’s honor” and was threatened with being stoned to death.

Egyptian politicians may now use religious slogans in their campaign ads, but can’t use slogans based on “gender or religious discrimination,” under a new law passed by Parliament.

Pope Francis has doubled his Twitter followers in just seven weeks, up to 5 million. And no, we don’t have tweet envy. Even though the guy is pretty freakin’ popular (for now).

Speaking of il Papa, his sister admits she was rooting for another guy, Brazil’s Cardinal Odilo Pedro Scherer. But only because she didn’t want to lose her brother to Rome.

Jewish women will be allowed to hold prayer rallies at the Western Wall without being arrested, the shrine’s caretaker assured an outraged government envoy.

The Christchurch Cathedral that was destroyed in the 2011 earthquake? There are now 3 proposed replacements, and the public can vote on their favourite, but church leaders will have the final say.

Phew. That was a long one. And with that, it’s off to the weekend. But before you go, make sure we have your email address below so you can receive the daily Roundup for free each day:

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(RNS) Edie Windsor speaks outside the U.S. Supreme Court after oral arguments in her challenge to the 1996 Defense of Marriage Act. RNS photo by Kevin Eckstrom

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Yet it was arcane arguments over matters of legal standing that seemed to most animate the justices, reflecting what seemed to be a desire to find a way for the court to sidestep a definitive up-or-down ruling on one of the most divisive social issues.

In short, the court — particularly its conservative majority — seemed to ask why they should hear a second gay marriage case in as many days, particularly one in which the government supports the lower court’s ruling. And the answer to that question will go a long way toward determining the outcome of a spirited national debate.

It’s not an insignificant question; the high court in recent years, especially under Chief Justice John Roberts, has used questions of legal standing to bypass definitive rulings on a number of hot-button issues, particularly church-state disputes.

There are three options facing the court in United States v. Windsor, a challenge to the 1996 Defense of Marriage Act that defined marriage at the federal level as between a man and a woman:

• Uphold DOMA as constitutional
  
• Strike down the law
• Bypass the debate by saying it lacks jurisdiction, based on the unusual path by which DOMA arrived at the high court

That third option seemed to both intrigue and flummox the justices, who grappled with the Obama administration’s decision to stop defending DOMA in federal courts. A bipartisan legal advisory group appointed by the House GOP leaders stepped in to defend the law when the Obama White House stepped out.

(RNS) Supporters of gay marriage rally outside the U.S. Supreme Court on March 27 as the court heard a challenge to the Defense of Marriage Act. RNS photo by Kevin Eckstrom.

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The Obama administration has agreed with federal court rulings against DOMA, even as it is charged with supporting and enforcing it. Normally the White House could only punt the case to the Supreme Court by appealing the case against DOMA, but instead it agreed that it is unconstitutional and asked the high court for a final say.

And that’s where the justices got uncomfortable — as if they had just been tasked with caring for someone else’s baby.

When and how does the executive branch get to decide which laws to support and which to ignore, Roberts asked. If Obama doesn’t support DOMA, he said, he should at least have “the courage of his convictions” and fight it through the proper legal channels or seek its repeal in Congress.

Justice Antonin Scalia peppered the government’s lawyer, Deputy Solicitor General Sri Srinivasan, on why the justices are considering a case when the government agrees with the ruling. He expressed dismay at this “new world” where the Attorney General seems to be able to pick and choose which laws to enforce.

(RNS) Supports of gay marriage rally outside the U.S. Supreme Court as justices heard a challenge to the 1996 Defense of Marriage Act. RNS photo by Kevin Eckstrom.

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The court’s decisive swing vote, Justice Anthony Kennedy, who has written powerful opinions in favor of gay rights before, nonetheless said he found it “very troubling” how the case arrived at his doorstep.

The court’s liberal wing, meanwhile, had its own questions about whether House Republicans have legal standing to defend the law. “From where do they derive the right, the statutory right, to take on the power of representing the House in items outside of the House,” Justice Sonia Sotomayor wanted to know, calling it “sort of unheard of.”

(RNS) Supporters of gay marriage rally outside the U.S. Supreme Court on March 27 as the court heard a challenge to the Defense of Marriage Act. RNS photo by Kevin Eckstrom.

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Kennedy, too, had questions. Why did the House get to defend DOMA, and not the Senate?

If the justices decide that they have grounds to decide the case, they will be have to decide the degree of legal scrutiny to give DOMA. If a law fails to advance a government interest on a “rational basis,” opponents argue, it must be struck down. And if a law targets a minority — in this case, gays and lesbians — it must face an even higher level of judicial scrutiny.

Paul Clement, arguing for DOMA on behalf of congressional Republicans, said Congress was only interested in clarifying the federal definition of marriage as states began debates over gay marriage. The idea, he said, was to “stick with what we’ve always had” so there would be no confusion.

In essence, he said, early efforts to allow gay marriage in the mid-1990s “forced Congress to choose between its historic practice of deferring to the states (on marriage law) and its historic practice of preferring uniformity.” Nothing more, nothing less.

But the practical result, Justice Ruth Bader Ginsburg said, was two kinds of marriage: full marriage for some, and a less satisfying “sort of skim milk” marriage for others. The day-to-day results of a “skim milk” marriage, she said, were “pervasive” when it comes to hospital visitation, inheritance and Social Security benefits.

Justice Elena Kagan pounced, in one of the most dramatic exchanges of the day, pointing to a House report that accompanied DOMA’s passage that said ‘”Congress decided to reflect and honor a collective moral judgment and to express moral disapproval of homosexuality.’ Is that what happened in 1996?”

Clement appeared caught off guard as the packed courtroom gasped. “Does the House report say that? Of course, the House report says that,” Clement conceded. “And if that’s enough to invalidate the statute, then you should invalidate the statute.”

(RNS) Supporters of gay marriage rally outside the U.S. Supreme Court on March 27 as the court heard a challenge to the Defense of Marriage Act. RNS photo by Kevin Eckstrom.

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At the same time, Roberts seemed to doubt that gays and lesbians are a targeted political class deserving of greater protection. Politicians have been “falling all over themselves” to support marriage equality, he noted, and conveyed his dim view of the idea that the 84 senators who voted for DOMA in 1996 were motivated by “animus.”

Appearing to speak directly to Roberts and his desire to find a way around an up-or-down decision on gay marriage, Clement said this was a question for voters and lawmakers, not the court:

“You have to persuade somebody you’re right. You don’t label them a bigot. You don’t label them as motivated by animus,” he said. “You persuade them you are right. That’s going on across the country.”

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