CBS NEWS POLL For release: Tuesday, March 26, 2013 6:30 PM EDT

The Supreme Court Considers Same-Sex Marriage March 20-24, 2013

53% of Americans think same-sex marriage should be legal, while 39% think it should not be legal. Reflecting how views have shifted, a third of those who now support legal same-sex marriage say they once thought it should be illegal. Six in 10 Americans think the federal government should legally recognize existing same-sex marriages and provide the same benefits to same sex couples as it does to heterosexual couples. While a third thinks being gay or lesbian is a choice, 53% think it is something one cannot change, up from 43% twenty years ago. 51% of Americans think the Boy Scouts should allow openly gay members.

As the Supreme Court begins to hear oral arguments in two high-profile cases Californias Proposition 8 and the 1996 Defense of Marriage Act a slight majority of Americans (53%) thinks it should be legal for same-sex couples to marry. Although public opinion on this topic has been consistent for the last few months, it has changed markedly from as recently as a year ago. In May 2012, just after President Barack Obama announced his support for same sex marriage, 51% of Americans said it should not be legal for same-sex couples to marry. Same Sex Marriage Should be Now 2/2013 9/2012 53% 53% 51% 39 41 41 5/2012 42% 51

Legal Not legal

The poll further suggests the extent to which peoples views have changed. 33% of Americans who now think same-sex couples should be allowed to legally marry say they once held the opposite view. Did You Ever Think Same Sex Marriage Should NOT be Legal? (Among those who think same-sex marriage should be legal) Yes 33% No 67 When asked why they changed their minds, one in five volunteers that personally knowing someone who is gay or lesbian was the deciding factor (20%). Other reasons mentioned

include being more tolerant now (17%), more educated now (17%), or that is the modern way of thinking about the issue (12%). Why Did You Change Your Mind? (Changed opinion of same-sex marriage from not legal to legal) Know someone who is gay or lesbian 20% More tolerant now 17 More educated now 17 Modern way of thinking/progress 12 Americans awareness of gays and lesbians in their own lives has grown over the past ten years. In 2003, most Americans said they did not have a work colleague, close friend, or family member who was gay or lesbian. Today, six in 10 Americans say they do. Have Gay/Lesbian Work Colleague, Close Friend, or Relative Now 12/2003 Yes 61% 44% No 37 55 Knowing someone personally who is gay or lesbian appears to be an important factor in how Americans feel about the issue of same-sex marriage. While two-thirds of Americans with a close relationship to someone who is gay or lesbian think same-sex marriage should be legal, most Americans without such a close relationship dont think so. Same Sex Marriage Should be All Have gay/lesbian colleague, friend, or relative Americans Yes No 53% 66% 34% 39 29 56

Legal Not legal

There are other key demographic differences in views of same-sex marriage:

Most Americans under 45 believe same-sex marriage should be legal, including 73% of Americans under 30. Americans between 45 and 64 are divided, while 52% of seniors do not think it should be legal. Americans with higher education levels are more likely to support legalized same-sex marriage. While Americans with a high school education or less are divided, 60% of college graduates and 76% of post-graduates think same-sex marriage should be legal. Politically, most Democrats (63%), independents (56%), liberals (73%), and moderates (62%) think same-sex marriage should be legal. Most Republicans (56%) and conservatives (60%) think it should not be. Regionally, majorities in the Northeast (61%), Midwest (59%), and West (58%), think same sex-marriage should be legal, while those in the South (52%) do not.

Same Sex Marriage Should be Legal Not legal All Americans: 53% 39 Age: 18-29 30-44 45-64 65+ Education: High school or less Some college College grads Post grads Party: Republicans Democrats Independents Political philosophy: Liberal Moderate Conservative Region: Northeast Midwest South West Federal Government, State Government 60% 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. Just 35% do not think the government should do this. Should the Federal Government Recognize Same-Sex Marriages? Yes 60% No 35 The legality of same-sex marriage varies by state. When it comes to who should decide this issue, most Americans 62% - think the decision should be left up to each individual state government, while just 26% think it should be up to the federal government. Who Should Decide about Same-Sex Marriage? Now 2/2013 5/2012 Federal government 26% 29% 32% State governments 62 61 57 73% 59% 46% 35% 45% 53% 60% 76% 37% 63% 56% 73% 62% 32% 61% 59% 43% 58% 21 37 46 52 45 40 34 21 56 30 36 21 30 60 31 32 52 33

Same-Sex Relations: Right or Wrong? General views on being gay or lesbian have evolved over the years as well. Now, just 36% of Americans think same-sex relations between consenting adults is wrong, and most 57% think it is not. When Gallup asked a similar question in 1978 whether homosexual relations between consenting adults were wrong - six in 10 Americans said they were. Are Same-Sex Relations Wrong? Now 5/2010 1/1978* 36% 39% 62% 57 53 25

Yes No
*Gallup

As with same-sex marriage, there are differences by age: Americans over 65 tend to think same-sex relations are wrong, while people under 65 do not. 69% of those who have a work colleague, close friend, or relative who is gay or lesbian do not believe homosexual relations between consenting adults are wrong, while 56% of those who do not have a close relationship with anyone who is gay or lesbian think such relations are wrong. Is Being Gay or Lesbian a Choice? Similarly, just a third of Americans now think being gay or lesbian is something people choose to be; instead, 53% think it is something people cannot change. Twenty years ago, Americans were divided when they were asked whether being homosexual was a choice or not. Being Gay or Lesbian Is Something You Now 5/2010 2/1993 Choose 34% 39% 44% Cannot change 53 47 43 Most Americans who think same-sex relations are wrong believe being gay or lesbian is a choice. Those who do not think same-sex relations are wrong think being gay or lesbian is something people cannot change. Gay Membership in the Boy Scouts Although it may reconsider its policy this coming May, currently the Boy Scouts of America does not allow openly gay members in its ranks. 51% of Americans, however, think the Boy Scouts should allow openly gay members; just 36% think they should not. Should the Boy Scouts Allow Openly Gay Members? Yes 51% No 36 64% of 18 to 29 year-olds think the Boy Scouts should allow openly gay members. That figure drops with age, to 45% of people age 45 or over. Women (56%) are more apt than men (46%) to favor allowing this as well. 54% of parents with children under 18 say the Boy Scouts should allow openly gay members.

The Supreme Court The Supreme Court will be making decisions on two important cases involving same-sex marriage. In general, 44% of Americans approve of the job the Supreme Court is doing, while 38% disapprove. In deciding important constitutional cases, Americans are divided as to whether or not the Supreme Court should only consider the legal issues involved, or whether it should also consider what the majority of the public thinks on the subject. When the Supreme Court Decides a Case, it Should Consider Now 7/2005 9/1987 Only legal issues 46% 49% 32% Public opinion 45 42 60 __________________________________________________________________________
This poll was conducted by telephone from March 20-24, 2013 among 1,181 adults nationwide. 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. This poll release conforms to the Standards of Disclosure of the National Council on Public Polls.

CBS NEWS POLL The Supreme Court Considers Same-Sex Marriage March 20-24, 2013 q10 Do you approve or disapprove of the way the Supreme Court is handling its job? ** TOTAL RESPONDENTS ** *** Party ID *** Total Rep Dem Ind % % % % 44 42 52 38 38 44 30 41 18 14 18 21

Approve Disapprove DK/NA

Jul12a % 41 41 18

q11 When the Supreme Court decides an important constitutional case, should it only consider the legal issues, or should it also consider what the majority of the public thinks about that subject? Legal issues Public opinion Depends (Vol.) DK/NA 46 45 5 4 52 38 6 4 40 53 4 4 46 44 5 5 Jul05b 49 42 4 5

q45 Do you think it should be legal or not legal for same-sex couples to marry? Legal Not legal DK/NA 53 39 8 37 56 7 63 30 7 56 36 8 53 41 6

q46 Was there ever a time when you thought same-sex marriage should NOT be legal? Yes No DK/NA *THINK SAME-SEX MARRIAGE SHOULD BE LEGAL* 33 45 26 33 67 53 73 66 1 2 0 0

q47 What would you say is the main reason your opinion on same-sex marriage has changed? *THINK SAME-SEX MARRIAGE SHOULD BE LEGAL NOW THOUGHT SAME-SEX MARRIAGE SHOULD BE ILLEGAL BEFORE* Know Gays/lesbians 20 17 20 22 More tolerant now 17 16 20 16 More educated now 17 21 19 14 Modern way of thinking 12 27 6 8 Equal rights 9 2 12 12 Freedom to have love 5 5 6 5 None of my business 5 6 4 4 Already legal in some states 4 0 0 9 Other 8 1 9 9 DK/NA 3 5 4 1

q48 Was there ever a time when you thought same-sex marriage should be legal? *THINK SAME-SEX MARRIAGE SHOULD NOT BE LEGAL* *** Party ID *** Total Rep Dem Ind % % % % 4 2 8 4 95 97 92 95 1 1 0 1

Yes No DK/NA

q49 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? ** TOTAL RESPONDENTS ** Federal government State governments Both (Vol.) Don't know/No answer 26 62 1 10 14 77 0 9 35 54 2 9 27 60 1 11 Feb13a % 29 61 2 9

q50 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 q51 BLANK q52 Do you think the Boy Scouts of America should or should not allow openly gay members in its organization? Should Should not DK/NA q53 BLANK q54 Do you think being homosexual is something people choose to be, or do you think it is something they cannot change? Choose to be Cannot change DK/NA ***** HALF SAMPLE A ***** 32 42 31 27 51 40 55 55 17 18 14 18 May10c 36 51 13 51 36 12 37 53 11 63 28 9 51 32 17 60 35 5 44 51 4 70 26 5 63 32 6

q55 Do you think homosexual relations between consenting adults is wrong, or not? Yes No DK/NA 37 54 9 43 47 10 34 60 6 35 53 12 43 48 9

q56 Do you think being gay or lesbian is something people choose to be, or do you think it is something they cannot change? ***** HALF SAMPLE B ***** *** Party ID *** Total Rep Dem Ind % % % % 34 47 30 28 53 36 59 60 13 17 11 12

Choose to be Cannot change DK/NA

May10c % 39 47 14

q57 Do you think same-sex relations between consenting adults is wrong, or not? Yes No DK/NA 36 57 7 49 41 11 33 65 2 32 60 8 39 53 8

q77 Do you have a work colleague, close friend, or relative who is gay or lesbian? Yes No I am (Vol.) DK/NA ** TOTAL RESPONDENTS ** 61 55 63 63 37 44 36 34 0 0 0 0 2 1 1 2 May12a 69 28 1 2

Total Respondents Half Sample A Half Sample B Total Republicans Total Democrats Total Independents

Unweighted 1,181 574 607 326 395 460

Weighted 576 605 316 401 465 (27%) (34%) (40%)