What to Look for in Gay Marriage Cases

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.

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