In a private conference this morning
, the Supreme Court of the United Stated discussed ten
petitions relating to the Defense of Marriage Act and Proposition 8.
Among the cases that experts expect will be taken this term are:
Windsor v. United States
. Plaintiff Edie Windsor and her late partner, Thea Spyer, got engaged in 1967 and lived together for 44 years. They were married in Canada in 2007. In 2009, Thea passed away; because the federal government didn't recognize their marriage, Ms. Windsor was taxed an inheritance tax of over $300,000 because she and Spyer were, according to the United States, legal strangers. In October, 2012 the Second Circuit federal appeals court declared DOMA unconstitutional.
Golinski v. United States Office of Personnel Management
: Plaintiff Karen Golinski a federal court employee, sought to add her spouse, Amy Cunninghis, to her employer-provided health benefits plan after they were married in California in 2008. She was unable to enroll her wife for health benefits until the Ninth Circuit Court ruled in February 2012 that DOMA is unconstitutional.
Brewer v. Diaz
: Plaintiff Arizonans sued to block an Arizona law that intended to strip lesbian and gay state employees of domestic partner benefits. In 2012, The Ninth Circuit Court of Appeals denied the request of Arizona State officials for an en banc rehearing of the earlier ruling, which maintains family health coverage for lesbian and gay state employees until a court issues a final decision in the case.
Hollingsworth v. Perry
: Plaintiffs sued to repeal Proposition 8, the California ballot proposition which passed in the November 2008 elections and stripped California of its marriage equality. On February 7, 2012, a three-judge panel on the Ninth Circuit Court of Appeals issued a 2–1 majority opinion affirming the judgment in Perry v. Schwarzenegger, which declared Proposition 8 unconstitutional, saying it violated the Equal Protection Clause. If the Supreme Court denies cert, same-sex couples will have their right to marry restored within days.
Although SCOTUS took no action today
, they could announce issue orders next Monday or December 7th.
Ten things you should know about DOMA and the Supreme Court
SCOTUSblog's four part series