The Supreme Court has decided to take up two cases involving same-sex marriage:
1. Prop 8 out of California – a voter passed measure only recognizing marriage between one man and one woman – a Federal court overturned. Now the Justices will decide.
2. DOMA (Defense of Marriage Act) case out of NY – basically whether DOMA violates the 5th Amendment Equal Protection guarantee – for gay couples who have married in states where it is legal.
It’s unlikely there will be room on the calendar before March 2013. That will be earliest the Justices will actually hear the cases.
FOX’s Shannon Bream reports:
FOX News Radio’s Jared Halpern has more details on the cases the Supreme Court will be hearing:
Both cases center on whether same-sex couples can be excluded from rights heterosexual couples enjoy. The Supreme Court agreeing to settle California’s Proposition 8, a same-sex marriage ban overturned by Judges. Lower courts have ruled the law amounts to discrimination. The Supreme Court will also consider one challenge to the Defense of Marriage Act. A provision limits health and pension benefits of legally married gay couples. It’s unlikely the cases would be heard before March. Opinions could then come in June.
In Washington, Jared Halpern, FOX News Radio.