HOME > NEWSROOM > ARTICLES > Marriage Cases in Supreme Court Proceed

Marriage Cases in Supreme Court Proceed

Supreme CourtThe same day the infamous Roe v Wade Supreme Court decision turned 40, two potentially monumental marriage cases advanced at the Supreme Court as the filings of the first briefs in both were due. The 1996 Defense of Marriage Act (DOMA) and California’s 2008 popularly approved Proposition 8 upholding marriage are under scrutiny in these cases.

The first case, Windsor v. United States, centers around an 83-year-old woman from New York arguing that DOMA violates her equal protection rights under the Fifth Amendment to the Constitution. DOMA defines marriage in federal law as the legal union between one man and one woman and allows states to make their own individual decisions on the matter for state law. Though signed into law in 1996 by President Bill Clinton, the Obama Administration unilaterally decided the Executive Branch would no longer defend it in court, forcing the U.S. House GOP to pick up the slack. The House brief filed Tuesday stated, “DOMA reflected Congress’ determination that each sovereign should be able to determine for itself how to define marriage for purposes of its own law.”  It also declared:

         Gays and lesbians are one of the most influential, best-connected, best-funded, and 
         best-organized groups in modern politics, and have attained more legislative victories, political 
         power, and popular favor in less time than virtually any other group in American history.
         Characterizing such a group as politically powerless would be wholly inconsistent with this
         Court’s admonition that a class should not be regarded as suspect when the group has some
        ‘ability to attract the attention of lawmakers.’

The second case, Hollingsworth v. Perry, is a challenge to California’s Proposition 8, passed by California voters in a 2008 referendum, which defines marriage as the union between a man and a woman. That popularly enacted state marriage law is being attacked on the grounds of the Equal Protection Clause of the Fourteenth Amendment.

Oral arguments before the Supreme Court Justices are slated for these cases on March 26 and 27.

By Aaron Mercer
Vice President Government Relations

Published: January 25, 2013

Latest News

60,000 Shoebox Gifts Airlifted to Children Displaced by ISIS Militants in Northern Iraq

Samaritan’s Purse recently airlifted 60,000 Operation Christmas Child shoebox gifts to Northern Iraq, where displaced Iraqi kids have been stripped of their homes and most possessions.

Aaron Shust Partners with Radio Outlets for Holiday Promotions That Help People in Need

Dove-Award winning Aaron Shust is teaming with radio outlets across the country to help make Christmas a little more merry to those in need.

Christian Radio to Give Free College Tuition to Full Time Staff

Positive Alternative Radio (PAR) is providing its employees innovative new benefits that include access to higher education, time off for community service, and financial counseling.

CTVN Announces New Roku Channel

Cornerstone Network (CTVN) is now available on Roku TV and able to stream programming to viewers live and on demand.

Christmas Reflections in Washington

While end-of-year debates on government appropriations, military policy, tax provisions, judicial nominations, and other issues continue their rough road to resolution in this lame-duck session of Congress, Christmas is in the air in the nation’s capital.

FCC Rules Against Church on Closed Captioning

The FCC recently denied a church’s request for a waiver from closed captioning rules, shedding more light on the agency’s approach to determining what may truly be an “economically burdensome” situation.

Senator Promises a Bill Broader than ENDA

Senator Jeff Merkley (D-OR) announced this week that he intends to introduce legislation next year that will roll the controversial Employment Non-Discrimination Act (ENDA) into a broader...

White Paper Issued on Video Policy

Key leaders in the House Energy and Commerce Committee this week released a white paper on video policy as they continue their path toward a review and revamp the Communications Act.

NRB15 Worship Service on Wednesday, February 25, 2015; Open to the Public

The NRB Convention in 2015 will be a Monday-to-Thursday event rather than a Saturday-to-Tuesday event as in years before, but convention participants will still have an opportunity to worship together during the Wednesday evening worship service on February 25, 2015.

NRB to Host Regional Networking Event for Christian Film Pros, Jan. 10

Christian film professionals in the Baltimore, DC, and Richmond region are invited to attend a networking event next month at the NRB headquarters in Manassas, VA.

More News