US Supreme Court will rule on Proposition 8 and Defense of Marriage Act

Gay rights activists have very real reason to celebrate. The United States Supreme Court, after deliberating behind closed doors, has decided it will take up two landmark cases regarding the rights of same-sex couples. The first will be the notorious Proposition 8 which, by popular referendum, took away the right of homosexual couples in California to get married. The second will be the Defense of Marriage Act, or, more specifically, whether the federal government has the right to deny federal benefits to same-sex couples who have gotten married in states where it is not allowed.
The decision to hear both these cases is likely motivated by the recent shift in public attitude toward same-sex unions. After the election of President Obama to his second term, the number of states allowing same-sex marriage increased to nine.
It is unclear what exactly the impact of the ruling on Proposition 8 will be. If the US Supreme Court follows the example of the lower federal courts and struck the referendum down, the ruling may only apply to California. There is a chance the Supreme Court may not even rule on Prop 8 at all, deeming its proponents to not have sufficient standing in the court and would therefore send it back to be defended in the lower courts. However, if this were to happen the original circuit court ruling against Prop 8 would most likely just go into effect because it is doubtful the California governor or attorney general, who would be charged with the task of defending the proposition, would in fact defend it.
The second case, United States v. Windsor, is regarding Edith “Edie” Windsor, who was required to pay $363,000 in taxes on the estate she inherited from her deceased romantic partner of 40 years. Had her union with her partner been given the same status as an opposite-sex marriage under federal law, she would not have been required to pay any taxes on the estate at all. New York State currently recognizes same sex marriages that are performed in other states, but according to the Defense of Marriage Act, the federal government cannot recognize same-sex marriages in any state. Advocates of same-sex marriage are optimistic about the possible outcome of this ruling, especially since the Obama administration stopped defending DOMA last year.
“We cannot defend the federal government poking its nose into what states are doing and putting the thumb on the scale against same-sex couples,” President Obama said.