Gay Marriage: Will Justices Follow Popular Opinion?

The Supreme Court's announcement that it would hear two cases challenging laws prohibiting same-sex marriage has reinvigorated one of the most hotly contentious social debates in American history, a debate that has been fueled by a dramatic change in attitudes.

With some states taking significant steps towards legalizing gay marriage, the hearings come at a critical moment.

This week in Washington State, hundreds of same-sex couples lined up to collect marriage licenses after Gov. Christine Gregoire announced the passing of a voter-approved law legalizing gay marriage.

"For the past 20 years we've been saying just one more step. Just one more fight. Just one more law. But now we can stop saying 'Just one more.' This is it. We are here. We did it," Gregoire told a group of Referendum 74 supporters during the law's certification.

Washington is just the most recent of several states to pass legislation legalizing same-sex marriage, signifying a significant departure from previous thinking on the controversial subject.

READ: Court to Take Up Same-Sex Marriage

A study by the Pew Research Center on changing attitudes on gay marriage showed that in 2001 57 percent of Americans opposed same-sex marriage, while 35 percent of Americans supported it.

The same poll shows that today opinions have greatly shifted to reflect slightly more support for same-sex marriage than opposition -- with 48 percent of Americans in favor and 43 percent opposed.

In fact, just two years ago, 48 percent of Americans opposed same-sex marriage while only 42 percent supported it -- indicating that opinions have changed dramatically in the last couple of years alone.

David Paul Morris/Getty Images

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It's hard to imagine that only 16 years ago, the fervent gay marriage debate led to the conception of the Defense of Marriage Act, which defines marriage as a union solely held between a man and a woman.

While debating the Defense of Marriage Act in September 1996, former Sen. Robert Byrd said: "If same-sex marriage is accepted, then the announcement will be official: America will have said that children do not need a mother and a father. Two mothers or two fathers will be OK. It'll be just as good. This would be a catastrophe."

Even a few short years ago a newly-elected President Obama did not support the legalization of gay marriage. It wasn't until earlier this year, at the end of hiss first term and with the impending election in sight, that the president told ABC's Robin Roberts the he'd "been going through an evolution on this issue."

Obama went on to attribute his shift in stance to the influence of his daughters.

"You know, Malia and Sasha, they've got friends whose parents are same-sex couples. It wouldn't dawn on them that somehow their friends' parents would be treated differently," he said. "That's the kind of thing that prompts -- a change in perspective."

Obama isn't the only one to experience an evolution in thinking on the matter of gay marriage. Attitudes towards same-sex marriage have shifted dramatically over the past decade across the board, particularly in the past few years.

Gone are the days when a majority of people opposed same-sex marriage; the days when gay politicians and supporters of same-sex marriage could not get elected.

Get more pure politics at ABCNews.com/Politics and a lighter take on the news at OTUSNews.com

Today, nine states and the District of Columbia allow same-sex unions -- a number likely considered inconceivable just a few short years ago. And yet, the same-sex marriage debate still begs for the answering of a question: Will this newfound public opinion, largely driven by young people, women and Democrats, have an effect on the Supreme Court's ultimate decision on the matter?

"I think (gay marriage is) just not a big deal for a lot of young people," Elizabeth Wydra of the Constitutional Accountability Center says. "The justices are human beings so they're not completely immune to public opinion. ... I think the real question for them is going to be do they want to be on the wrong side of history?"

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Egyptian opposition to shun Mursi's national dialogue

CAIRO (Reuters) - President Mohamed Mursi was expected to press ahead on Saturday with talks on ways to end Egypt's worst crisis since he took office even though the country's main opposition leaders have vowed to stay away.

Cairo and other cities have been rocked by violent protests since November 22, when Mursi promulgated a decree awarding himself sweeping powers that put him above the law.

The upheaval in the most populous Arab nation, following the fall of Hosni Mubarak last year, worries the West, in particular the United States, which has given it billions of dollars in military and other aid since Egypt made peace with Israel in 1979.

Mursi's deputy raised the possibility that a referendum set for December 15 on a new constitution opposed by liberals might be delayed. But the concession only goes part-way towards meeting the demands of the opposition, who also want Mursi to scrap the decree awarding himself wide powers.

On Friday, large crowds of protesters surged around the presidential palace, breaking through barbed wire barricades and climbing on tanks guarding the seat of Egypt's first freely elected president, who took office in June.

As the night wore on, tens of thousands of opposition supporters were still at the palace, waving flags and urging Mursi to "Leave, leave".

"AS LONG AS IT TAKES"

"We will stay here for as long as it takes and will continue to organize protests elsewhere until President Mursi cancels his constitutional decree and postpones the referendum," said Ahmed Essam, 28, a computer engineer and a member of the liberal Dostour party.

Vice President Mahmoud Mekky issued a statement saying the president was prepared to postpone the referendum if that could be done without legal challenge.

Mursi's planned dialogue meeting was expected to go ahead on Saturday in the absence of most opposition factions. "Everything will be on the table," a presidential source said.

Mursi could be joined by some senior judiciary figures and politicians such as Ayman Nour, one of the candidates in Mubarak's only multi-candidate presidential race, in 2005, in which he was unsurprisingly trounced.

The opposition has demanded that Mursi rescind the decree giving himself wide powers and delay the vote set for December 15 on a constitution drafted by an Islamist-led assembly which they say fails to meet the aspirations of all Egyptians.

EXPAT VOTE DELAYED

The state news agency reported that the election committee had postponed the start of voting for Egyptians abroad until Wednesday, instead of Saturday as planned. It did not say whether this would affect the timing of voting within Egypt.

Ahmed Said, leader of the liberal Free Egyptians Party, told Reuters that delaying expatriate voting was intended to seem like a concession but would not change the opposition's stance.

The opposition organized marches converging on the palace which Republican Guard units had ringed with tanks and barbed wire on Thursday after violence between supporters and opponents of Mursi killed seven people and wounded 350.

Islamists, who had obeyed a military order for demonstrators to leave the palace environs, held funerals on Friday at Cairo's al-Azhar mosque for six Mursi partisans who were among the dead.

"With our blood and souls, we sacrifice to Islam," they chanted.

A group led by leftist opposition leader Hamdeen Sabahy has called for an open-ended protest at the palace.

Some pro-Mursi demonstrators gathered in a mosque not far from the palace, but said they would not march towards the palace to avoid a repeat of the violence that took place on Wednesday night.

In a speech late on Thursday, Mursi had refused to retract his decree or cancel the referendum on the constitution, but offered talks on the way forward after the referendum.

The National Salvation Front, the main opposition coalition, said it would not join the dialogue. The Front's coordinator, Mohamed ElBaradei, a Nobel peace laureate, dismissed the offer as "arm-twisting and imposition of a fait accompli".

ElBaradei said that if Mursi were to scrap the decree with which he awarded himself extra powers and postpone the referendum "he will unite the national forces".

Murad Ali, spokesman for the Muslim Brotherhood's Freedom and Justice Party, said opposition reactions were sad: "What exit to this crisis do they have other than dialogue?" he asked.

(This story corrects Mursi's title to president in paragraph 1)

(Additional reporting by Omar Fahmy; Writing by Giles Elgood; Editing by Michael Roddy and Paul Tait)

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Psy apologises for past anti-US performances

SEOUL: South Korean megastar singer Psy, famed for his runaway hit "Gangnam Style", apologised Saturday for anti-American performances a decade ago, ahead of a planned show before US President Barack Obama.

In 2002 the singer smashed a model US tank at a protest over the American military presence in South Korea and the death of two South Korean teenagers who were struck by a US military vehicle.

Two years later he joined a performance of a song where he used controversial expletive-laden lyrics calling for the killing of "Yankees who have been torturing Iraqi captives".

"Kill their daughters, mothers, daughters-in-law, and fathers. Kill them all slowly and painfully," he rapped.

Psy performed the lyrics at a concert after a South Korean evangelist was beheaded by Islamist militants in Iraq during the US-led conflict, after Seoul rejected their demand to halt a troop deployment to the country.

"I will forever be sorry for any pain I have caused by those words," the 34-year-old singer said in a statement.

He said the performance and lyrics were part of a "deeply emotional reaction" to the war in Iraq and the death of the two schoolgirls that was "part of the overall anti-war sentiment shared by others around the world".

"While I'm grateful for the freedom to express one's self, I've learned there are limits to what language is appropriate and I'm deeply sorry for how these lyrics could be interpreted."

"I have been honoured to perform in front of American soldiers in recent months -- including an appearance on the Jay Leno show specifically for them -- and I hope they and all Americans can accept my apology."

News reports of the performances surfaced in the United States days before the pop sensation's planned performance at an annual "Christmas in Washington" concert on Sunday, which the Obama family is scheduled to attend.

Psy's "Gangnam Style" has become the most-watched video of all time on YouTube in just five months, garnering almost 906 million views.

The video has inspired thousands of online imitations of Psy's famous horse-ride dance, and flash mobs of tens of thousands in Paris, Rome and Milan.

- AFP/ck

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India misguided, paranoid over China: Guha

MUMBAI: A good half-hour into the discussion on 'India, China and the World', historian Ramachandra Guha issued a disclaimer—all the three members on the panel had been to China only once. "We should learn their language, promote quality research, and have a panel on China driven by Chinese scholars," he said. And that was the general tenor of the debate—that the Indian attitude to China was influenced by a mix of ignorance, cautious optimism about partnerships and a whole lot of misguided paranoia. "Don't demonise the Chinese, please," Guha finally said in response to a question.

"China has existed in our imaginations," observed Sunil Khilnani, professor of politics and author of The Idea Of India. "There's been very little sustained engagement with the reality of China and very little of our own produced knowledge about China." It was after the events of 1962 ('war' in the popular imagination, 'skirmish' to the scholars participating in the discussion), explained Khilnani, that a miffed India "withdrew". It's the 50th anniversary of that exchange this year, and "what we haven't been able to do is learn from the defeat", observed Khilnani. Both could have benefited from greater engagement. "China has had a very clear focus on primary education and achieved high levels of literacy before its economic rise. It has also addressed the issue of land reform," said Khilnani. Guha added that China could learn from the "religious, cultural and linguistic pluralism" in India.

But China and India weren't always so out of sync with each other. Srinath Raghavan, a scholar of military history, got both Guha and Khilnani to talk about pre-1962 relations between the two when the picture was rosier. Tagore was interested in China and so was Gandhi. Both were very large countries with large populations and shared what Guha calls a "lack of cultural inferiority". "They were both," he continued, "also heavily dependent on peasant communities." Nehru was appreciative of China's will to modernize and industrialize and its adoption of technology to achieve those ends. In turn, Chinese politicians argued for Indian independence.

Things soured more, feel both Khilnani and Guha, after the Dalai Lama fled to India in 1959. "He was welcomed here as a spiritual leader but the intensification of the conflict dates to the Dalai Lama's flight," said Guha. Both Guha and Khilnani argued that Nehru's decision to not react aggressively to China's occupation of Tibet was, in the long run, the right one and prevented further "militarization" of the region. An audience member wondered if that didn't make India "China's puppet". Guha disagreed. "If there's a Tibetan culture alive today," he said, "it's not because of Richard Gere. Don't believe in the hypocrisy of the Western countries. Will they give them land, employment, dignified refuge? The Tibetans is one of the few cases in which our record is honorable."

But the difference in levels of development and the lopsided trade relations between the two countries have only fuelled the suspicions many Indians seem to harbour about China. People were worried, said Guha, even about cricket balls made in China. Audience questions reflected those worries. A member asked about China's "strategy to conquer the world" and its likely impact on India. Guha cautioned against stereotypes; Khilnani explained, "History is littered with the debris of states that have tried to dominate the world. What we're doing may be more long-lasting."

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Federal Agencies Brace for Deep Cuts Post-'Cliff'

Dec 7, 2012 4:22pm

Toby Jorrin/AFP/Getty Images

With the “fiscal cliff” quickly approaching, federal agencies are stepping up preparations for deep automatic budget cuts that will kick in Jan. 2 unless the White House and Congress can reach a deal.

The Office of Management and Budget told ABC News that a memo went out to federal agencies earlier this week seeking “additional information and analysis” in order to finalize spending cuts required if we go off the cliff.

The agencies are considering which workers to furlough, projects to put on hold and offices that will have to close.

The request follows the administration’s release of a 400-page report in September that outlined the budget areas to be impacted by the $1.2 trillion in automatic spending cuts and what percentages they would be slashed.

READ MORE: White House Details ‘Doomsday’ Budget Cuts

Billions of dollars could be slashed from defense operations and maintenance programs. Medicare would take a two-percent hit, trimming millions in payouts to health care providers. Scientific research programs would be gutted. Aid for the poor and needy would be sharply curtailed.

The report also detailed operations that would be exempt from any cuts, including active-duty military operations, nuclear watchdogs, homeland security officials, veterans care and other critical areas.

READ: Pentagon Begins Planning for ‘Cliff’ Cuts

Asked about the agency preparations underway, White House spokesman Jay Carney said Wednesday that OMB “must take certain steps to ensure the administration is ready to issue such an order should Congress fail to act.”

“Earlier this week, OMB issued a request to federal agencies for additional information to finalize calculations on the spending reductions that would be required,” Carney said.

“This action should not be read … as a change in the administration’s commitment to reach an agreement and avoid sequestration.  OMB is simply ensuring that the administration is prepared, should it become necessary to issue such an order,” he said. “OMB will continue to consult with agencies and will provide additional guidance as needed.  This is just acting responsibly because of the potential for this happening.”

Get more pure politics at ABCNews.com/Politics and a lighter take on the news at OTUSNews.com.

More ‘Fiscal Cliff’ Coverage From Today:

SHOWS: World News

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Philippines starts to bury dead as toll hits 418

NEW BATAAN, Philippines (Reuters) - Residents in the southern Philippines began to bury their dead on Friday even as rescue workers continued scouring remote areas for possible survivors of Typhoon Bopha, the country's strongest storm this year, which killed 418 people and left nearly as many missing.

Officials in Compostela Valley, one of the worst hit provinces on the resource-rich island of Mindanao, were considering mass graves for unclaimed bodies killed by the typhoon which hit two days ago.

Bopha cut a swath of destruction in the valley, flooding farming and mining towns and burying many people in mudslides.

"We are thinking of burying the unclaimed bodies on health concerns," Major General Ariel Bernardo, an army division commander in the southern Philippines, told Reuters. "The foul smell is becoming strong."

Bernardo said rescue and retrieval work was hampered by lack of equipment. "Some of the dead are buried in knee deep mud and we only have our hands and shovels," he said.

Arturo Uy, governor of Compostela Valley, said the province was considering digging mass graves if most of the dead are not claimed in two to three days. He estimates 212 died in his province while nearly 400 were missing.

"Probably half of the missing could be dead by now," he told Reuters.

The official death toll stands at 418, with 383 missing and hundreds injured, the national disaster agency said in its latest tally. But the toll is expected to rise, with local government officials quoting higher numbers of missing.

A Reuters photographer saw at least 10 bodies under mud and piles of logs and debris and only a few hundreds of meters from a crowded makeshift grandstand in New Bataan town in Compostela Valley, where President Benigno Aquino was due to give out relief goods later on Friday.

"Up to now, we are not discussing stopping (the search)," Uy told reporters. "There are still survivors in barangays (villages) which we couldn't reach immediately."

Stephen Antig, executive director of Pilipino Banana Growers and Exporters Association, estimates about 7 billion pesos ($171 million) worth of bananas mostly for export in Compostela Valley and Davao del Norte were destroyed by the typhoon.

The area, where plantations owned by Dole Food Company Inc and Del Monte Pacific Ltd are located, accounts for almost a fifth of the country's total banana production.

Bopha has now weakened and is slowly moving north-northwest towards the South China Sea, with central winds of up to 110 kph (68 mph) and gusts of up to 140 kph (87 mph).

About 20 typhoons hit the Philippines every year, often causing death and destruction. Almost exactly a year ago, Typhoon Washi killed 1,500 people in Mindanao, but most storms make landfall further north.

($1 = 40.965 Philippine pesos)

(Additional reporting by Rosemarie Francisco, Manny Mogato and Erik dela Cruz; Editing by Michael Perry)

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S. Korea urges North to spend on debt, not missiles

SEOUL: South Korea on Friday urged North Korea to repay millions of dollars in debt related to past food aid, and slammed the regime in Pyongyang for squandering scant resources on long-range missile tests.

The South provided the North with some 2.6 million tonnes of food worth US$720 million in six installments between 2000 and 2007.

The food aid was provided in the form of a cheap loan, with repayments to be made over 20 years. The first installment of US$5.83 million was due in June but was never paid, the Unification Ministry said.

Ministry spokesman Kim Hyung-Suk said Seoul's state-run Export-Import Bank had sent a message to North Korea's Foreign Trade Bank, warning that delay penalties would be charged.

"Without repaying the debt, the North's leadership plans to launch a missile at a time when its people are suffering from food shortages," Kim told reporters.

"It is wasting money that could feed its people for several years."

North Korea has announced plans to launch a long-range rocket -- ostensibly aimed at placing a satellite in orbit -- between December 10 and 22.

The United States and its key Asian military allies, South Korea and Japan, insist the launch is a disguised ballistic missile test that violates UN resolutions triggered by Pyongyang's two nuclear tests in 2006 and 2009.

In a report published Thursday, the unification ministry estimated that the North had spent US$1.3 billion dollars on it's long-range missile programme in 2012.

As well as food aid, the South has also lent the North equipment and materials worth US$140 million for railways and roads, and another US$88 million for developing light industry and natural resources.

The food and fertiliser aid ended after President Lee Myung-Bak took office in early 2008 and rolled back the "sunshine" policy of aid and engagement with the North.

- AFP/ck

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Ajit Pawar sworn in as Maharashtra deputy chief minister

MUMBAI: A week after a government white paper on irrigation gave Ajit Pawar a clean chit, the senior NCP leader was on Friday sworn in as Maharashtra deputy chief minister.

Pawar, the nephew of NCP president and Union minister Sharad Pawar, was sworn in at Raj Bhawan here.

Governor K Sankaranarayanan administered oath of office to Pawar in the presence of chief minister Prithviraj Chavan.

Opposition Sena-BJP members, which have denounced the move, kept away from the swearing-in ceremony.

The dramatic announcement of resignation of Pawar on September 25, in the wake of allegations of corruption in irrigation projects, had plunged the state's Congress-NCP government into a crisis with all other 19 party ministers offering to quit.

Pawar, 53, had resigned after media reports alleged he had arbitrarily awarded irrigation contracts worth over Rs 20,000 crore when he was state's irrigation minister during 1999-2009, before he was elevated as deputy chief minister and handled the plum finance and energy portfolios.

The white paper, presented by the irrigation department to the state Cabinet on November 29, had claimed a 28 per cent increase in irrigation potential in Maharashtra in the last ten years.

It was described as a status paper on irrigation and not an investigation report.

Chavan had announced a white paper on irrigation would be brought after state's economic survey report said the state's irrigation potential had risen only by 0.1 per cent between 2001 and 2010.

All these years the irrigation portfolio was with the NCP.

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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