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

Registration for Proclaim 16 Is Now Open! Register Early and Save!

Registration for the world’s largest annual gathering of Christian media and ministry professionals is now open, and if you register between now and November 1, you can receive an Early Bird discounted rate.

NRB President Calls on Members to Urge Congress to #DefundPP

With Congress set to return from recess on September 8, NRB President & CEO Dr. Jerry A. Johnson is encouraging the association’s members to contact their representatives about defunding the Planned Parenthood Federation of America (PPFA) and to utilize their media platforms to urge others to do the same.

Salvation Army Eastern Territory Publishes New Magazine: 'SAConnects'

The Salvation Army’s Eastern Territorial Headquarters has released SAConnects, a new multimedia magazine that is replacing Good News!, Priority!, and Buenas Noticias!

Exhibit Space at Proclaim 16 Available Now! Reserve Yours Today!

Want to place your company or ministry in front of thousands of decision-makers in an ever-growing industry? Then consider exhibiting at Proclaim 16, the NRB International Christian Media Convention.

Dedication of The Coming King Sculpture Prayer Garden Set for Sept. 13

On September 13, The Coming King Foundation (TCKF) will dedicate its evangelistic Sculpture Prayer Garden in Kerrville, TX, which has been 14 years in the making.

Net Neutrality Court Battle Advances

The legal battle to halt the FCC’s most recent “Open Internet” order advanced in recent weeks with the filing of briefs before the U.S. Court of Appeals for the D.C. Circuit.

ERLC President Russell Moore Releases New Book: 'Onward'

Onward: Engaging the Culture Without Losing the Gospel, the latest book by ERLC President Dr. Russell Moore, was released on August 1.

Committee Expands Planned Parenthood Investigation

Leaders of the powerful House Energy & Commerce Committee recently announced an expansion of their investigation spurred by undercover videos that show key Planned Parenthood officials describing and negotiating the sale of aborted babies’ body parts.

‘Mission: Mongolia’ Campaign Far Exceeds Goal to Fund Three New FM Stations

NRB member organizations Reach Beyond, Far East Broadcasting Company (FEBC), and Moody Global Ministries combined their efforts last month and raised $311,519 to fund equipment to start radio stations in three major cities in Mongolia that do not have access to Christian radio.

Guidelines International Ministries Plants Legacy Radio Station in the Balkans

Guidelines International Ministries has planted a Legacy Radio Station in the Balkans, partnering with Media 7 Albania.

More News