5 Gay Marriage Issues Before Supreme Court
Jan. 14 (Bloomberg Law) — Will the U.S. Supreme Court weigh in on same-sex marriage, or sidestep the issue? Here’s what to look for in the gay marriage cases:
One case involves 1996′s federal Defense of Marriage Act. The Obama Administration won’t defend the law, so the Court must decide if it has jurisdiction to decide the case and if Republicans in the House of Representatives have standing to defend it.
If the answers are “yes,” does the law, which denies federal benefits to same-sex couples legally married by states, violate the Fifth Amendment’s guarantee of equal protection?
In the other case, California voters approved Proposition 8, amending the state’s constitution to ban same-sex marriages after California courts found gay marriage to be legal.
The Supreme Court must decide whether proponents of Proposition 8 have standing to sue. If they do, the court will decide if the Equal Protection Clause of the Constitution’s Fourteenth Amendment prohibits the state’s same-sex marriage ban.
Oral arguments are scheduled for March 26th and March 27th. Expect rulings in June.