July 05, 2012

Same-Sex Marriage Bound for Supreme Court

Awaiting the Supreme Court at the end of summer will be the constitutionality of Defense Against Marriage Act, the 1996 law that defines marriage for all federal purposes (benefits included) as only the union of a man and a woman. Even though DOMA has been struck down several times in the lower courts, none of the provisions have been put into effect-- which likely won't change till the SCOTUS makes a decision on the case. Lyle Denniston expands on the issue in The Constitution Daily:
“In fact, the House GOP leaders – who have assumed the defense of DOMA in the government’s place – complained to the Supreme Court as part of their new appeal that the administration has shirked its duty to come to the defense of a federal law passed overwhelmingly in the House and Senate. 
"Perhaps the only thing that might diminish the political intensity of this new controversy as it unfolds in the court is that the timetable for the Justices to issue a decision is likely to be after the November election.”

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