Supreme Court Next Big Decision
Jul 05, 2012 02:06 PM EDT
After its ruling on the incredibly politically charged issue of health care, the Supreme Court might be taking on the next big politically charged issue, i.e. same sex marriage.
The Obama administration has asked the Supreme Court to take on the Defense of Marriage Act (DOMA) case of Massachusetts upon its return from summer recess. The DOMA case was repealed by G.O.P after a Federal Appeals Court struck down the law as unconstitutional because it denies same-sex couples federal financial services and benefits.
According to reports the nation's apex court can take on the case as soon as September and declare a ruling by June 2013.
According to the Associated Press, the Obama "administration said it agrees with the lower court rulings, but wants prompt high court review."
Last month, the 1st U.S. circuit court of appeals in Massachusetts unanimously ruled that the DOMA i.e. the 1996 Defense of Marriage Act (DOMA) unlawfully denies a married homosexual couple the federal privileges granted to a heterosexual one and therefore is unconstitutional. On May 31st. Boston, MA - A federal court ruled that the 1996 Defense of Marriage Act (DOMA) unlawfully denies a married homosexual couple the federal rights and privileges granted to a heterosexual one. The decision was unanimous on the three-judge panel 1st circuit court of appeals.
Judge Michael Boudin, who wrote the decision stated, "Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest," as reported by boston.com
DOMA was created as a result of the state of Hawaii recognizing same-sex marriages in 1996 under the Clinton administration. According to the law, only a marriage between a man and a woman entitles the couple to federal financial entitlements such as social security benefits and filing for joint-federal taxes among others.
Massachusetts was the first State to legalize same-sex marriage in May 2004. Since then seven others have done the same.