The Supreme Court assembles on September 24 to conference in private on which cases it will hear in the coming year. As SCOTUS Blog reports, among the cases under consideration are a number that will impact marriage equality on the state and federal level.
According to the Court’s electronic docket, a Prop 8 test cast, Hollingsworth v. Perry, could potentially be argued before the Supremes, as could Windsor v. United States, in which widow Edie Windsor is claiming she shouldn’t have to pay federal estate taxes on the property of her late spouse of 40 years, Thea Spyer. Also under consideration is Brewer v. Diaz, which addresses whether same-sex spouses of state employees can be denied benefits.
Writes Lyle Denniston:
It is predictable, but not a certainty, that the Court will step into the heated controversy over same-sex marriage in its new term. That’s because several federal courts have struck down a key section of the Defense of Marriage Act, passed by Congress in 1996 in an attempt to head off what the lawmakers thought was likely to be a spreading movement in the states to create an equal right for same-sex couples to wed. DOMA’s Section 3 — affecting more than 1,000 federal laws — restricts marriage benefits or provisions in any federal statute to marriages of a man and a woman.