Home  »  Judiciary  »  Supreme Court Agrees To Hear Two Gay Marriage Cases

Dec 7, 2012 Comments Off Chuck Biscuits

Excerpted from Yahoo News: The Supreme Court announced Friday that it will decide two major gay marriage cases next year that could have a sweeping impact on the rights of same-sex couples to wed. The cases, which likely won’t be decided until June, mark the first time the justices will consider arguments for and against same-sex marriage.

The court will review California’s gay marriage ban, which passed in a 2008 ballot initiative months after the California’s high court had legalized same sex unions and thousands of gay Californians had already tied the knot. Two federal courts have struck down Prop. 8 as discriminatory, leaving the Supreme Court to render a final judgment.

The justices will also hear a challenge to the federal Defense of Marriage Act, a law passed under President Bill Clinton that prevents the federal government from recognizing gay marriages. Windsor v. United States was brought by Edith Windsor, a resident of New York who paid $363,000 in estate taxes after her wife died because the federal government did not recognize their marriage. New York is one of nine states (and the District of Columbia) where gay marriage is legal, so Windsor argues that the federal government is discriminating against her by not recognizing her state-sanctioned marriage.

The Obama administration decided last year to no longer defend the Defense of Marriage Act, so Congress has hired outside counsel to argue on behalf of the law. Recently, two federal appeals courts had struck down the law as unconstitutional, virtually requiring the Supreme Court to take the case to settle the dispute between the courts and Congress.

Few legal experts expect the court to deliver a sweeping ruling that would decide whether or not all Americans, regardless of sexual orientation, have a fundamental right to marry. In the DOMA case, it’s more likely they will narrowly decide whether the federal government has a legitimate interest in invalidating certain states’ definition of marriage, given that marriage has traditionally been a state domain. In the Prop 8 case, justices may decide whether a ban on gay marriage is legal in the specific case of California, where gay couples were allowed to marry for several months before the ban passed.

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