Tuesday, March 26, 2013

Supreme Court "Reluctantly" Takes Argument on Same-Sex Marriage Rights

Supreme Court 2013
At issue in today's argument was whether states have a right to prohibit same-sex marriages.  All told, 38 states ban same sex marriages, 9 permit them (as does Washington, D.C.) and 3 have remained non-committed on the issue

The case before SCOTUS was filed by two couples seeking to overturn California's Proposition 8 ban on same-sex marriages. Tomorrow, the Court will consider a challenge to the federal Defense of Marriage Act, which denies financial and other benefits to legally married same-sex couples.

The New Same-Sex Marriage Symbol
Legally, if the Court should overturn the California ban, then it seems logical to conclude that the
laws in the other 37 states that forbid such marriages would cease to have effect.  All 38 states previously banning gay marriage would then become "non-committed,"and would have to decide thereafter whether to remain pat or join the 9 states that permit gay marriage. 

With regard to the federal Defense of Marriage Act, it no longer has any support from Washington, D.C.  Indeed, President Obama has publicly stated his view that same-sex marriages should be allowed.  Yet, it is unclear what the impact would be should the Court strike down the DOMA as unconstitutional.  Would that mean that married same-sex couples would be entitled to the same federal benefits afforded traditional married couples?  We address that issue Here.

Click Here for a full report from Washington, courtesy CNN.com.
The Scene in Washington

Click Here to review a map of identifying the laws relating to same-sex marriages in our 50 states, along with a comprehensive examination of the issues from USA Today. 

Click Here for our analysis as to the possible outcomes of the decision by SCOTUS on Proposition 8. 

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