CBS NEWS/NEW YORK TIMES POLL For release: Thursday, June 6, 2013 6:30 pm EDT Americans Views of Same-Sex

Marriage and the U.S. Supreme Court

May 31-June 4, 2013

With the U.S. Supreme Court expected to hand down decisions this month on two highprofile same-sex marriage cases, a slim majority of Americans (51%) think same-sex marriages should be legal. Most think the federal government should legally recognize same-sex marriages and provide those couples with the same benefits as heterosexual couples. Overall, the public is divided on the job the Supreme Court is doing; and 68% think the justices sometimes let their own personal or political views influence their decisions.

51% of Americans nationwide now say it should be legal for same-sex couples to marry; 44% do not. These views have been fairly consistent for the last few months, but they are a reversal of what they were a year ago. In May 2012, just after President Barack Obama announced his support for same-sex marriage, a slight majority of Americans said it should not be legal for same-sex couples to marry. Now 51% 44 Same Sex Marriage Should be 3/2013 2/2013 9/2012 53% 53% 51% 39 41 41 5/2012 42% 51

Legal Not legal

There continue to be striking partisan and age differences: Most Democrats and independents think same-sex couples should be permitted to marry, but most Republicans do not. Young Americans, those ages 18 to 29, are especially likely to support same-sex marriage, while those who are older are less likely to. All 51% 44 Same Sex Marriage Should be Reps Dems Inds 18-29 30-44 45-64 65+ 33% 61% 56% 68% 54% 49% 32% 62 36 38 32 41 44 62

Legal Not legal

Knowing someone who is gay or lesbian is also a key factor in how Americans feel about samesex marriage. Two-thirds of those with a close friend, relative or work colleague who is gay or lesbian say same-sex marriage should be legal, but most Americans without such a close relationship say those marriages should not be legal. In addition, 56% of Americans think the federal government should legally recognize existing same-sex marriages and provide them the same federal benefits the government provides to heterosexual married couples. Should the Federal Government Recognize Same-Sex Marriages? Now 3/2013 Yes 56% 60% No 39 35

Laws regarding same-sex marriage vary by state. When asked who should decide this issue, 60% of Americans think it should be left up to each individual state government; a third say it should be determined by the federal government, up from 26% in March and similar to where it was last year. Who Should Decide about Same-Sex Marriage? Now 3/2013 2/2013 5/2012 Federal government 33% 26% 29% 32% State governments 60 62 61 57 Views of the U.S. Supreme Court 44% of Americans approve of the job the Supreme Court is doing, while 40% disapprove. These ratings are similar to what they were in March. U.S. Supreme Court Job Rating Now 3/2013 44% 44% 40 38

Approve Disapprove

When asked generally about what role the justices own views play in their decisions, 68% think the current Supreme Court justices sometimes let their own personal or political views influence their decisions, while just 20% believe they decide cases based only on legal analysis. Republicans, Democrats, and independents agree. Supreme Court Justices Decide their Cases All Reps Dems Inds Based only on legal analysis 20% 14% 28% 18% Sometimes influenced by own views 68 77 63 67 Other Legal Issues In addition to same-sex marriage, the Supreme Court is expected to decide cases involving affirmative action and a section of the Voting Rights Act. In general, more than half of Americans support affirmative action programs in hiring, promoting and college admissions, while 38% oppose such programs. There are stark racial differences, however. 75% of African Americans favor affirmative action programs, compared to just 46% of whites. Affirmative Action Programs for Minorities All White Blacks 53% 46% 75% 38 45 17

Favor Oppose

When Americans are asked the reason they support these programs, by a wide margin more say diversity than making up for past discrimination. When given the choice between the two, 63% say they favor affirmative action programs in order to increase diversity, while just 24% say they support such programs to make up for past discrimination. The Voting Rights Act was passed in the 1960s to prevent state and local governments from using procedures to prevent black Americans from voting. Today, there is division among the

American public on whether that law is necessary to make sure that blacks are allowed to vote: 49% say the law is necessary, but 44% say it is not. Here too, race is a factor. Black Americans are significantly more likely than whites to say the Voting Rights Act is still necessary. The Voting Rights Act Is All White Blacks Necessary to make sure blacks can vote 49% 46% 75% No longer necessary 44 45 24 Most Democrats (59%) think the Voting Rights act is still necessary, while 55% of Republicans disagree. There are some regional differences as well. Northeasterners are the geographical group most likely to say the Voting Rights Act is still necessary while Southerners are the least likely to say that.

__________________________________________________________________________
This poll was conducted by telephone from May 31-June 4, 2013 among 1,022 adults nationwide. Data collection was conducted on behalf of CBS News/The New York Times by Social Science Research Solutions of Media, PA. Phone numbers were dialed from samples of both standard land-line and cell phones. The error due to sampling for results based on the entire sample could be plus or minus three percentage points. The error for subgroups may be higher. Interviews were conducted in English and Spanish. This poll release conforms to the Standards of Disclosure of the National Council on Public Polls.

CBS NEWS/NEW YORK TIMES POLL Same-Sex Marriage and the U.S. Supreme Court May 31-June 4, 2013 Q9. Do you approve or disapprove of the way the Supreme Court is handling its job? TOTAL RESPONDENTS Total Rep Dem Ind % % % % 44 35 56 42 40 45 35 40 16 20 9 19 Mar13b % 44 38 18

Approve Disapprove DK/NA

Q20. In general, do you think the current U.S. Supreme Court Justices decide their cases based on legal analysis without regard to their own personal or political views, or do you think they sometimes let their own personal or political views influence their decisions? Legal analysis Personal/political views Some do/Depends DK/NA 20 68 2 8 14 77 3 5 28 63 2 12 18 67 May12b 13 76 4 7

3 9

Q46. Do you think it should be legal or not legal for same-sex couples to marry? Legal Not legal DK/NA 51 44 5 33 62 6 61 36 3 56 38 6 Mar13b 53 39 8

Q47. Do you think laws regarding whether same-sex marriage is legal or not should be determined by the federal government or left to each individual state government to decide? Federal government State governments Both DK/NA 60 1 6 33 64 7 29 56 1 3 40 61 1 8 31 62 1 10 26

Q48. Do you think the federal government should recognize legal marriages of same-sex couples and provide them the same federal benefits the government provides to heterosexual married couples, or not? Should Should not DK/NA 39 5 56 53 7 40 31 3 66 37 5 58 35 5 60

Q50. As you may know, the Voting Rights Act was passed in the 1960's to prevent state and local governments from using rules and procedures which prevented many blacks from voting. Do you think the Voting Rights Act is necessary today to make sure that blacks are allowed to vote, or do you think the Voting Rights Act is no longer necessary? TOTAL RESPONDENTS Total Rep Dem Ind % % % % 49 36 59 50 44 55 37 43 7 10 4 7

Necessary today No longer necessary DK/NA

Q55. Do you favor or oppose affirmative action programs for minorities in hiring, promoting, and college admissions? Favor Oppose DK/NA 53 38 9 37 54 9 75 21 5 48 41 12

Q56. Whats the main reason you favor these programs? Is it more to make up for discrimination or more to increase diversity? Make up for discrimination Increase diversity Both equal Neither/Other DK/NA KnowGay Yes No I am DK/NA Total Respondents Total Republicans Total Democrats Total Independents AMONG THOSE WHO SAID FAVOR IN Q55 24 18 31 20 63 74 56 65 8 3 9 11 3 2 2 4 2 3 3 1

Do you have a work colleague, close friend, or relative who is gay or lesbian? TOTAL RESPONDENTS 52 44 55 54 45 52 43 42 33 33 2 4 Unweighted 1,022 284 315 423 270 315 437 Weighted (26%) (31%) (43%)