Supreme Court Agrees to Hear Gay Marriage Cases

The Supreme Court announced today that it will hear two critical cases involving gay marriage.  The first involved a challenge the Defense of Marriage Act[1] (DOMA).  Passed in 1996, DOMA denies federal recognition of gay couples married in states legalizing gay marriage.  As a result of DOMA, Congress has thus far been able to prevent legally married gay Americans from receiving the same federal benefits heterosexual married couples receive – a violation of the 14th Amendment’s Equal Protection Clause. The Appeals Courts in both Massachusetts and New York have struck down the law as unconstitutional.

The second case involves a challenge to California’s notorious 2008 Proposition 8 law, which was passed after that state’s Supreme Court ruled homosexual couples defined marriage as between a man and a woman. Although it passed as a ballot measure, the constitutional amendment was struck down by the 9th Circuit Court of Appeals.

Gay marriage is legal, or will be soon, in: Connecticut, District of Columbia, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington.  Although national support for gay marriage has steadily risen over the years, thirty-one states have amended their state’s constitution to ban gay marriage.

The rights of millions of Americans are at stake in this case.  A broadly stated decision in favor of gay marriage could overturn every state constitutional provision and law banning same-sex marriages.  A ruling in support of Proposition 8 and/or DOMA, will be seen as a victory for states’ rights.  However the Court rules, this promises to be the most significant ruling the Court has had since it upheld the Affordable Care Act earlier this year.

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