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The Supreme Court and Same-sex Marriage

By Frank Gulino
July 30, 2013

In the last day of its October 2012 Term, the U.S. Supreme Court handed down two historic decisions that were immediately hailed as victories for supporters of same-sex marriage. In one of the cases, United States v. Windsor, No. 12-307, 2013 WL 3196928 (U.S. 6/26/13), the Court had been asked to rule upon the constitutionality of the Defense of Marriage Act (DOMA), a federal statute that limited marriage to heterosexual unions of one man and one woman for purposes of federal law. In a 5-4 decision, the Court in Windsor held that DOMA's definition of marriage was violative of the constitutional guarantees of due process and equal protection. As a result, in states where same-sex marriage is legal, same-sex spouses would be able to enjoy the rights and privileges granted to heterosexual married couples under federal law.

In the other case, Hollingsworth v. Perry, No. 12-144, 2013 WL 3196927 (U.S. 6/26/13), at issue was the constitutionality of Proposition 8, a 2008 California ballot initiative that sought to amend that state's Constitution to define marriage as the union of a man and a woman. In that case, also in a 5-4 decision, the Court held that it did not have jurisdiction to determine the case on the merits. The decision let stand a lower court ruling that had struck down Proposition 8 as unconstitutional, paving the way for same-sex couples to marry under California law.

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