As arguments wrapped up on Wednesday, the US Supreme Court showed signs that they could be inclined to wipe out the law the denies federal benefits to same sex couples who are married in states with marriage equality.
Tag: Defense of Marriage Act
It’s day two of the same sex marriage battle at the US Supreme Court. On Wednesday, the highest court in the land will hear arguments that the Defense of Marriage Act is unconstitutional for same sex couples who are granted the right to marry in states that legally allow gay marriage.
If you can’t make it to Washington, D.C. to rally in support of gay marriage on Tuesday, the Human Rights Campaign is encouraging you to wear red to show your support for marriage equality.
An online campaign has also formed in which those urging the Supreme Court to overturn Proposition 8 and deem the Defense of Marriage Act unconstitutional are posting this red equal sign as their photo on Facebook.
Supreme Court Justice Ruth Bader Ginsburg says the court is likely to rule on the validity of the Defense of Marriage Act within the next year.
Ginsburg was speaking at the University of Colorado in Boulder and was asked about the equal-protection clause. The student-submitted question asked whether the nation’s high court would consider it applying to sexual orientation.
She said she can’t comment on issues before the court.
“I think it’s most likely that we will have that issue before the court toward the end of the current term,” Ginsburg said.
A judge in New York has already ruled that the Defense of Marriage Act is unconstitutional.
Many states have passed constitutional ammendments banning gay marriage, while eight states have approved it. Those states that allow gay marriage are Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland and Washington state. Maryland and Washington’s laws aren’t yet in effect pending referendum this November.
In February 2011, President Barack Obama and Attorney General Eric Holder instructed the Department of Justice to stop defending the Defense of Marriage Act.
On the heels of Barack Obama’s historic announcement in favor of same sex marriage, Senator Kirsten Gillibrand (D-NY) is calling for the repeal of the Defense of Marriage Act (DOMA).