Gay Marriage, the Supreme Court, and the Future
In a prior blog I predicted that the Supreme Court would strike down the federal portion of the Defense of Marriage Act (DOMA), but would duck the big questions in the California case which had the potential to create a right for gays to be married in all states. That proved to be correct, and while we all might have hoped for that bigger result, today’s two decisions are major steps forward in the advancement of gay marriage. Let’s deal with the DOMA case first. A. The Defense of Marriage Case: United States v. Windsor Edith Windsor and Thea Spyer The federal Defense of Marriage Act was signed into law by President Clinton in 1996. The part of the statute under attack in this case is the portion stating that the federal government will not recognize gay marriages even if states do. The plaintiff Edith Windsor had married Thea Spyer in Canada (2007), though both were citizens of New York when Spyer died two years later. At that ti...