Yesterday, the Supreme Court announced that it would hear appeals in two cases involving same-sex marriage. The Court will decide the fate of:
- The Defense of Marriage Act (DOMA): can the federal government define “marriage” for the purpose of eligibility for federal benefits?
- California Proposition 8: can a state define “marriage” as the union of one man and one-woman?
The two cases should raise distinct issues. DOMA implicates federalism issues, while Prop 8 — if it raises any federal question at all – must be considered under the 14th Amendment. Over at Ricochet, I analyze the issues, here.