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Tag: Gay Marriage
Gay Marriage, Voting Rights Make Headlines in Court’s Last Week
The U.S. Supreme Court closed out its 2012-2013 term last week, and as predicted, it handed down blockbuster decisions on the Voting Rights Act and gay marriage in its final days. The week started with the Court issuing a ruling in Fisher v. University of Texas at Austin, which challenged the consideration of race as a factor during the undergraduate admissions process. Rather than issuing a decisive opinion on the subject, Justice Anthony Kennedy, writing for a seven-justice majority, remanded the case back to the circuit court, with instructions that the court reconsider the case and apply “strict scrutiny” to…
Supreme Court to Hear Gay Marriage Cases
The U.S. Supreme Court has granted certiorari in two cases dealing with the issue of gay marriage. In United States v. Windsor, the Court will consider the constitutionality of the Federal Defense of Marriage Act. In Hollingsworth v. Perry, the Court tackles the constitutionality of California’s Proposition 8, which banned gay marriage in the State. The Court’s action sets the stage for a highly contentious, closely watched legal battle — the first time the High Court has directly addressed the issue of gay marriage. Oral arguments are expected in March, with a decision by the beginning of summer. Future issues of Supreme…
First Circuit Appeals Court Deals Blow to Defense of Marriage Act
In a decision that seems certain to be reviewed by the U.S. Supreme Court, the First Circuit U.S. Court of Appeals ruled on Thursday that a key provision of the Federal Defense of Marriage Act (DOMA) is unconstitutional. In a 3-to-0 decision, the appeals court struck down a portion of the Act that prevents individuals in same-sex marriages recognized by States from receiving Federal benefits conferred on married couples, such as being able to receive spousal Social Security benefits and file taxes jointly. The circuit court held that such a prohibition violated principles of Federalism and unlawfully targeted minority interests…