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The United States Supreme Court has a history of playing a pivotal role in emotive cultural debates including, for example, abortion (Roe v Wade), racial segregation (Brown v Board of Education) and the death penalty (Roper v Simmons).
Marriage equality will now join this list. In a much anticipated move, the US Supreme Court announced on Friday that it will hear two cases relating to same-sex marriage. The case of Hollingsworth v Perry is from California and relates to whether Proposition 8 (a ballot amending the state constitution to define marriage as being between a man and a woman) is unconstitutional on the basis that it violates the Equal Protection clause of the United States Constitution.
The other case is Windsor v United States from New York, which will require the Supreme Court to consider whether the Defense of Marriage Act (DOMA) which was signed into law by President Bill Clinton, is unconstitutional. DOMA is a Federal Act that defines marriage as being between a man and a woman and on this basis denies same-sex married couples the same benefits and programs enjoyed by opposite-sex married under federal laws relating to tax, employment, health and so on.
The Supreme Court will hear arguments on these two cases in late March and is likely to deliver its judgments in late June 2013. The cases have many nuances and which way the court will rule is anyone’s guess. Indeed, the cases may not even be decided on the merits. Continue reading
Sources
- Paula Gerber in The Conversation
- Image: WDDE 91.1 FM
Paula Gerber is an Associate Professor, Human Rights Law, at Monash University.
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News category: Analysis and Comment.
