U.S. Supreme Court Will Address Gay Marriage

Seeing as this was one of two opinions by U.S. Courts of Appeal (1st and 2nd Circuits) that found DOMA unconstitutional, it was considered one of two possible cases (out of ten possible rulings) most likely to be heard by the U.S. Supreme Court, as the Supreme Court is required to settle disputes among the Circuits, particularly when a federal law is found to be unconstitutional.

In a somewhat more surprising move, the Court also agreed to hear the case of Perry v. Hallingsworth, 704 F.Supp 2d 921, (N.D. Cal. 2010), which challenged the constitutionality of California Proposition 8, a ballot initiative that successfully required amendment to the state’s Constitution limiting the recognition of marriage as between a man and a woman only.  While certain states have recently voted to allow gay marriage (including Maine and Maryland), 31 other states have amended their constitutions to prohibit same sex marriage.  Depending on how broad or narrow a ruling the Court makes in the Proposition 8 case, the decision could have an impact well beyond the State of California.

Oral arguments on the cases are expected to be heard in March 2013, with rulings being handed down in June 2013.