The question of whether the Supreme Court will hear the cases concerning California’s Proposition 8 and the federal Defense of Marriage Act has been in the air for the last several months. That question was answered on Friday, as the high court gave the long-awaited announcement that it has decided to review both cases.
Justices will review a federal appeals court ruling that narrowly struck down the West coast state gay marriage ban. If they had dismissed, the federal appeals court ruling that found Prop 8 unconstitutional would stand, clearing the way for same-sex marriages to begin in California. However, by hearing the case, gay marriage will be decided upon on a national level, for the first time in history. A ruling against Proposition 8 will deem a ban on same-sex marriage unconstitutional on a federal level, lifting bans, both statute and constitutional, in 39 states.
Section 3 of DOMA will also be looked upon, which defines marriage on all federal levels as between a man and a woman. If this is ruled unconstitutional, it could lead to federal benefits for same-sex partners.
With same-sex marriage winning via public vote in four states during the 2012 presidential election, and countless polls showing that marriage equality is favored throughout our nation, the odds are in our favor. Though not influenced by public opinion, the justices do take account of state-by-state trends, and these recent developments are sure to play a key role in their decision.
The cases are targeted for oral arguments in the spring of 2013, and a decision by the end of June. Clearly, 2013 is setting up to be a historical year.
