Two same-sex marriage cases were argued at the U.S. Supreme Court during the last week of March. One, United States v. Windsor, deals with the federal Defense of Marriage Act (DOMA), and challenges congressional authority to legislate on the subject of marriage and to deprive citizens of marital rights and privileges where same-sex marriages are authorized by state law. The Proposition 8 case, Hollingsworth v. Perry, deals with whether a state can prohibit same-sex marriages under the Equal Protection and Due Process clauses of the federal Constitution. The California Supreme Court had found same-sex partners had the right to marry before Proposition 8 was adopted.
Both cases include interesting procedural issues dealing with standing. In the DOMA case, the Obama administration won’t defend the law and the appeal is being prosecuted by a group of House Republicans. In the Proposition 8 case, California won’t defend the enactment and proponents of the proposition have done so, albeit with a certified ruling from the California Supreme Court on their entitlement under state law to do so. Both cases present questions relating to whether there is a "case or controversy" for purposes of Article III of the federal Constitution.
