by Caitlin Zittkowski
Many
Washington residents are still basking in the post-election glow, soaking up the flood of good feelings brought
on by the state's recognition of marriage equality through the passage of
Referendum 74. However, just one day after the new law took effect on December
6th, with many couples still flocking to local government offices to apply for
marriage licenses, a decision from the other side of the country fueled the
national focus on LGBTQ rights and marriage equality.
The Supreme Court has announced it will take up two cases regarding marriage
for same-sex couples. One case involves federal law, specifically a provision
in the so-called “Defense of Marriage Act” ("DOMA"), which prohibits
the federal government from recognizing marriages of same-sex couples who are
legally married under state law. The plaintiff, Ms. Edith Windsor, brought suit
after the Internal Revenue Service taxed her hundreds of thousands of dollars
when she inherited the property of her deceased wife, Thea Clara Spyer—taxes
she would not be required to pay if her spouse had been of the opposite sex.
In the second case the Supreme Court
will review a state law, California's ban on marriage for same-sex couples
through Proposition 8. In 2008, Proposition 8 amended the California state
constitution to prohibit marriages of same-sex couples. The Supreme Court will
review the Ninth Circuit Court of Appeals' decision striking down Proposition 8 as unconstitutional.
Though accepting these cases
presents "the possibility that the court could
decide all the basic issues surrounding same-sex marriage in one fell swoop," the Supreme Court could also resolve these
cases based on much more limited grounds. In fact, it is possible the Court
could completely avoid determining the merits of the claims and focus on jurisdictional issues instead.
The Supreme Court's decision to hear
these cases could have been influenced by the "rapid shift in public attitudes" concerning marriage for same-sex couples.
Indeed, recent polls show that the majority of Americans support
marriage for same-sex couples. Recent changes in state law in places like
Washington reflect this trend in public opinion, with the number of states
recognizing marriage for same-sex couples jumping from six to nine after this past election.
Despite society's evolving views on
marriage, some equal rights advocates worry that it is too soon to ask the Supreme Court
to rule on the constitutionality of Proposition 8 and have been hesitant to
petition the Court for fear of creating harmful precedent. Others are more optimistic, pointing out that both of these cases
represent opportunities for progress towards securing equal rights. The Supreme
Court is expected to release its decisions on these cases by June 2013.
Caitlin Zittkowski is a third-year law student and had the pleasure of interning with Legal Voice this past semester.
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