Oral Argument in Same Sex Marriage Cases Scheduled

The Supreme Court has scheduled oral argument for two cases which involve the legality of same-sex marriages.  The arguments will be heard on March 26 in both Hollingsworth v. Perry, a case involving California's Proposition 8, and United States v. Windsor, a New York case involving the constitutionality of the Defense of Marriage Act as it applies to the Federal Estate Tax.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchelderlaw.com

Supreme Court to Address Same Sex Marriages

The Supreme Court announced that it would hear two cases which involve same-sex marriages.  One case is from California, and concerns a ban on same sex marriages approved by California voters.  The other is an appeal from the U.S. Court of Appeals for the Second Circuit which held that part of the Defense of Marriage Act was unconstitutional.

The Second Circuit case concerned a lesbian couple who had married in Canada, but lived in New York.  One spouse died, leaving her estate to her surviving spouse.  The surviving spouse claimed the marital deduction against the federal estate tax.  The Second Circuit held that the Defense of Marriage Act, which prohibits the Federal Government from recognizing same-sex marriages, violated the Equal Protection Clause of the U.S. Constitution.

The move by the Court does not necessarily mean that the Court will reach the central issue of whether same-sex marriages should be recognized in the United States.  Nonetheless, a possible outcome of the cases could be the resolution of whether same-sex couples can enjoy the same benefits under federal law as heterosexual couples.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchelderlaw.com