Supreme Court to Review Cases on Marriage Equality

By: Sara Snyder, Believe Out Loud

The next few weeks will set the tone about the constitutionality of marriage equality. The Surpreme Court will decide whether to hear cases about the Defense Against Marriage Act and Proposition 8. Although it is unclear if the court will hear both, one, or neither of the cases, the announcement—hopefully made on December 3—will cause a stir within the LGBTQ community. 

After victories for same-sex marriage in four states—Maine, Maryland, Minnesota, and Washington—there’s no question that LGBTQ equality is taking the nation by storm. If the court chooses not to hear either case, it will likely cause a stir. However, if the Supreme Court does hear the cases, they have an opportunity to reaffirm the values of the United States that say discrimination and unequal treatment are not tolerated under the law.

Currently, six federal courts have ruled that the Defense Against Marriage Act (DOMA) is unconstitutional. DOMA is not just about human and social rights. By not allowing same-sex couples to marry, they pay more taxes than their straight counterparts. The Obama administration, in February 2011, said that they would not defend the law in court. 

Proposition 8 narrowly passed in California in 2008. In the California constitution, marriage is defined as between a man and a woman. The proposition was challenged by Hollingsworth vs. Perry in federal court. Experts are unsure if the Supreme Court will end up hearing  this case at all since DOMA has more prominence. 

Even though the legality of marriage equality hangs in the constitutional balance, the cultural influence and the momentum from the November election should be taken into consideration by the Supreme Court in their decision to hear the cases. 

Image via Wikimedia Commons