In a move that could have wide-reaching consequences, the U.S. Supreme
Court announced that it will hear two cases involving the redefinition
of marriage next year.
The court announced on Dec. 7 that it will hear cases challenging the
federal Defense of Marriage Act and a California’s Proposition 8.
The 1996 Defense of Marriage Act, which received overwhelming
bipartisan support in Congress and was signed into law by President Bill
Clinton, defines marriage as the union of one man and one woman for all
federal policies.
Last year, President Obama instructed the Department of Justice to stop defending the law in court.
While the majority of U.S. states continue to acknowledge marriage as
the union of a man and a woman, the nation has seen an increasing push
to redefine the institution in recent months.
In May, President Barack Obama became the first sitting U.S. president
to voice support for a redefinition of marriage. Citizens in Maryland,
Maine and Washington state voted to redefine marriage in November,
bringing the total number of states to legalize “gay marriage” to nine,
plus the District of Columbia.
The court will now decide the fate of the Defense of Marriage Act,
which had been struck down by appeals courts arguing that it violated
the Constitution's equal protection clause.
In addition, the Supreme Court will hear a challenge to Proposition 8, a
constitutional amendment adopted by California voters in 2008 to
recognize marriage solely as the union of one man and one woman.
The measure was approved by the people after the state Supreme Court
ruled in favor of redefining marriage and the state began issuing
marriage licenses to gay couples.
In February, the 9th U.S. Circuit Court of Appeals ruled against the
amendment on narrow legal grounds, arguing that because same-sex couples
had already been given a “right” to marry in the state, this right
could not later be removed without a legitimate reason.
The issue will now come before the nation’s highest court and could
have nationwide implications for the definition of marriage in the
United States.
Decisions in both cases are expected in late June.