In late March, the Supreme Court will have an opportunity to weigh in on the question of gay marriage under the federal Constitution in two separate cases. First, the Court will hear oral argument on the issue of whether the equal protection clause of the 14th Amendment allows states to define marriage as between a man and a woman in Hollingsworth v. Perry. Second, the Court will hear oral argument on the question of whether the Defense of Marriage Act violates the equal protection laws of the Fifth Amendment in U.S. v. Windsor. Both cases also raise standing issues that may ultimately lead to the Court avoiding the difficult constitutional questions. But should the Court address the question of the Constitutionality of discriminatory state or federal marriage laws, it has an opportunity to help create a more inclusive society.
The ideas expressed on the Haas Institute blog are not necessarily those of UC Berkeley or the Division of Equity & Inclusion, where the Haas Institute website is hosted. They are not official and not of one mind. Thoughts here are those of individual authors. We are committed to academic freedom, free speech and civil liberties.