Supreme Court will hear two gay marriage cases

Today the Supreme Court announced that it will hear two important gay marriage cases next year. This is the first time in history that the Supreme Court will consider the idea of same sex marriage. They expect to reach a decision, which could finalize the legality of gay marriage debate, by June 2013.

One case that the Supreme Court will be hearing concerns the constitutionality of California's gay marriage ban (proposition 8). This was passed in 2008 and has been struck down by 2 courts since.

The other case on the docket is Windsor v. United States, which challenges the federal Defense of Marriage act. Under the Defense of Marriage act, the federal government cannot recognize gay marriage. This is of particular concern to Edith Windsor, a resident of New York (where gay marriage is legal). She was forced to pay $363,000 in estate taxes following the death of her wife because the government does not recognize her marriage.

Based on what I have read, it is unlikely that the Supreme court will issue a "sweeping decision" that either affirms or denies the legality of same sex marriage based on the Windsor case. Rather, they will decide whether or not to recognize same sex marriages performed in states where it is legal. However in the Proposition 8 case, there is a chance that the court could rule that the right to marry is a fundamental right for all citizens. In this happens, states would no longer be able to ban gay marriage.

It will be interesting to see how the courts decide these two cases. There will certainly be talk in the coming months about judicial activism vs. strict construction view points and how that applies to the definition of marriage.

Full article: http://news.yahoo.com/blogs/ticket/supreme-court-hear-gay-marriage-cases-201555862.html

-Brendan Forghani