Will History Be Made? Supreme Court Agrees to Consider Two Same-Sex Marriage Cases

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After a series of delays, the Supreme Court has finally announced that it will take on the issue of same-sex marriage this term. There were several cases on the docket, and the Supreme Court agreed to hear two. The key same-sex marriage issues raised on appeal are summarized below.

United States v. Windsor: This was one of several cases challenging Section 3 of the Defense of Marriage Act, which defines “marriage” for all purposes under federal law as “only a legal union between one man and one woman as husband and wife.” The issue before the Court is whether DOMA deprives same-sex couples—who are lawfully married in states that permit it — of the equal protection of the laws guaranteed by the Fifth Amendment to the Constitution.

Hollingsworth v. Perry: The issue before the Court is whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from enforcing Proposition Eight, a voter-approved measure defining marriage as the· union of a man and a woman.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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