Wills, Trusts & Estates Prof Blog

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

Wednesday, September 26, 2012

The Supreme Court May Soon Decide Whether To Take On Same-Sex Marriage Cases

Gay MarriageThe Supreme Court of the United States is set to decide two cases on same-sex marriage. The first case is one that I have previously discussed. In that Windsor v. United States, Edie Windsor brought suit against the government alleging that the Defense of Marriage Act was unconstitutional because it violates the equal protection clause of the 14th Amendment. The second case is another case that I have previously discussed. Hollingsworth v. Perry involves the voter-led initiative in California or Proposition 8, and whether the State of California can prohibit same-sex marriage. Previously, the courts have ruled that both the Defense of Marriage Act and Proposition 8 were in violation of the 14th Amendment's Equal Protection Clause.

In addition, the Obama Administration has already stated that the administration would not defend DOMA from a constitutional challenge. The administration has previously stated that it believes that DOMA is unconstitutional. Therefore, the Republican majority has decided to the defend DOMA. At this time, it is unclear where the Supreme Court will accept both or just one of the cases.

See Bill Mears, Justices Will Soon Decide Whether to Talk Up Same-Sex Marriage Appeals, CNN, Sept. 25, 2012.

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


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