The United States Supreme Court announced that it will grant review in two marriage cases challenging the constitutionality of the so-called Defense of Marriage Act, or DOMA, and California’s marriage ban, Proposition 8. DOMA excludes same-sex couples that are legally married from more than 1,110 federal protections and responsibilities that the government provides to other married couples.Am I the only one freaking out about this??? I'm not sure that I trust the U.S. Supreme Court to be fair and impartial when it comes to America's gay and lesbian couples.
In 10 rulings, eight federal courts have found the Defense of Marriage Act to be unconstitutional –specifically Section 3, which excludes gay and lesbian couples from marriage. The Supreme Court will also hear Hollingsworth v. Perry, the case challenging Proposition 8, California’s marriage ban. Instead of allowing the Ninth Circuit ruling to take effect immediately, which would have allowed marriages to resume in California, the Court will consider the case.
Rulings in both cases are likely in 2013.
Husband Mark tells me that it's no big deal. At worst, they will uphold the existing DOMA law. At worst (in his mind and I cannot say that I disagree) the U.S. Supreme Court will grant marriage rights for gay and lesbian couples throughout the country (similar to Roe V. Wade). While this would be wonderful for all of America's gay and lesbian people, it would create a long-term culture war as people react and overreact to having marriage equality foisted involuntarily against their states (similar to Roe V. Wade).
But it would be great if Section 3 of the federal DOMA law got struck down so that those gay and lesbians (like me and Mark!) who can go ahead and get legally married in our own states can have our marriages recognized and treated equally under federal law.
According to SCOTUSblog, arguments on these marriage cases will take place around March 25-27, 2013, and a court decision will be issued in late June 2013.
