supreme court

Supreme Court To Hear Two Gay Marriage Cases In 2013

The Supreme Court will rule on two major cases related to gay marriage during 2013.

The Supreme Court announced today that it will review California’s gay marriage ban as well as the Defense of Marriage Act.

The Ticket reports that Prop. 8, California’s gay marriage ban, was passed in 2008 after the state legalized same sex unions. Prop. 8 has already been struck down by two federal courts and will now get put in front of the Supreme Court.

The New York Times reports that the justices may re-instate California’s gay marriage ban. They may also agree with the two federal courts who ruled that the ban on gay marriage was unconstitutional and permit the gays and lesbians to marry within California. The Supreme Court may also look at the larger question and rule on whether the constitution allows gay marriage in the United States.

The justices will also look at the Defense of Marriage Act. The Supreme Court will specifically look at the case of Edith Windsor, a New York resident who had to pay more than $350,000 after her wife died because the federal government did not recognize her gay marriage in New York. The Obama administration said that it will no longer defend against DOMA. The NY Times reports that Congress has hired outside council to argue for the law.

Federal courts in Boston and New York have both found that the Defense of Marriage Act is unconstitutional.

According to the Wall Street Journal, the Supreme Court is expected to issue their ruling on both cases by June, 2013.