SCOTUS update – Court Will Hear Two of Ten Cases on Gay Marriage

7 Dec

The first case is Hollingsworth v. Perry, also known as the Prop 8 case from California. The case had already won two victories in lower courts. The suit argued that when California voters overrode a decision of the California Supreme Court that allowed same-sex marriages, voters ran afoul of that court. A federal judge agreed, and there has been a stay in place until the U.S. Supreme Court weighs in.

The second case is Windsor v. United States, which challenges part of the Defense of Marriage Act of 1996, also known as DOMA. Under DOMA, over 1,000 rights, privileges  and protections as defined by the Congressional Budget Office are provided to married straight couples but denied to gay couples.  In Windsor,  DOMA did not allow the IRS to treat Edith Windsor as a surviving spouse when her partner Thea Spyer died. This left Windsor with a tax bill of about $360,000 that would not have been handed to a straight couple.

More from the Associated Press here.

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