DOMA/Prop 8 Floersheimer Event
History in the Making: The Supreme Court Tackles Same-Sex Marriage
On March 26 and 27, the Supreme Court heard oral argument in two potential blockbusters: Hollingsworth v. Perry, in which the lower courts held unconstitutional California's Proposition 8 banning same-sex marriage, and United States v. Windsor, one of several cases in which lower courts held that the federal Defense of Marriage Act is unconstitutional. The cases present similar questions: Should laws that treat gay and lesbian people differently than heterosexuals be subject to heightened scrutiny? What role does the federal government have in defining marriage vis-à-vis the states? Both cases also have a similar question of justiciability: If the government chooses not to appeal a ruling invalidating a law, is there another entity that has standing to step in and defend the law?
Join us for a discussion about what could turn out to be two of the most important cases of this, or any, Supreme Court term. We will address the above questions, analyze the various routes the Court may take, and explore what was learned from oral argument.