Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, September 20, 2012

Justice Ginsburg Predicts DOMA Will Be Before the Supreme Court

Unknown-5On Wednesday, Justice Ruth Bader Ginsburg spoke at a conference sponsored by the University of Colorado in Boulder.  A student submitted an inquiry about whether the nation's high court would consider applying the equal-protection clause to sexual orientation.  Ginsburg politely declined to answer the question since she cannot talk about matters that would come before the court and she believes the Defense of Marriage Act (DOMA) will probably be before the court soon--toward the end of the current term to be specific.  

In 1993, Congress passed DOMA and President Bill Clinton signed it into law. A federal judge in New York declared DOMA unconstitutional and oral arguments are scheduled before the 2nd U.S. Circuit Court of Appeals on September 27.  In February 2011, President Obama and Attorney General Eric Holder instructed the Department of Justice to stop defending DOMA. 

See Kristen Wyatt, Ginsburg Predicts Gay Marriage Before High Court, Associated Press, Sept. 19, 2012. 

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.


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