Next week the Supreme Court is expected to announce whether it will hear cases concerning gay rights, and if so, which case or cases. Here’s an overview of cases from which the Supreme Court might choose, including cases involving the Defense of Marriage Act (“DOMA”) and state constitutional amendments affecting gay marriage.
Windsor v. U.S.
The Second Circuit held that Section 3 of DOMA is unconstitutional on equal protection and due process grounds because the law is not substantially related to an important government interest. The court found that none of the reasons Congress used to justify DOMA constituted an important government interest, including maintaining a uniform definition of marriage, protecting the fisc, preserving