The Marriage Cases: Legal Challenges To Prop 8 And DOMA
Should same-sex couples have the same rights as opposite-sex couples? Under California’s Prop 8, same-sex couples are denied the right to marry, despite the fact that opposite-sex couples have always held this right. The Federal Defense of Marriage Act (DOMA) prevents the federal government from recognizing same-sex marriages, even if such marriages are recognized by the state. Do these laws violate the 14th Amendment, which promises equal protection under the law to all Americans? Does DOMA represent federal overreach? The Supreme Court is expected to rule on both laws by the end of June 2013. Prof. Dale Carpenter discusses the cases and shares some of his opinions on how the Court should rule. What do you think?