Supreme Court to Take on Same-Sex Marriage in March: Decisions on California Ban and DOMA

The Supreme Court ended its session with its landmark ruling on upholding the Affordable Health Care. Now that it has returned from recess, the nation's apex court is about to take on the issue of same-sex marriage in March.

According to Reuters, the Supreme Court is set to take on the 2008 California ban on same-sex marriage on March 26, and then the following day rule on the Defense of Marriage Act, which was challenged by the state of New York.

Both these cases have brought for the first time the topic of same-sex marriage to the Supreme Court, and the decisions in these two instances will have a defining influence on the subject across the country, just like Roe v. Wade became the reference for courts (both state and national) rule on the issue of abortion, these decisions will for same-sex marriage.

The first decision is based on the 2008 California Law which prohibits marriage between same genders. The case is Hollingsworth v. Perry. The 9^th U.S. Circuit Court of Appeals ruled that state of California cannot revoke the right to same-sex marriage, after permitting it.

The second instance is regarding the DOMA or the Defense of Marriage Act, which the New York Federal Court of Appeals ruled unconstitutional. The DOMA denies certain entitlements to same-sex couples as unconstitutional.

The decision is landmark not only because NY is the second state to strike down the act as unconstitutional, but also because the decision was backed by conservative NY judge Jacobs. 

Over the summer a federal court in Massachusetts 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

However, the court's ruling will only be enforced after the U.S. Supreme Court makes its decision on the law. This means that same-sex married couples will have to wait for the Supreme Court's decision before they know whether they are entitled to the same financial benefits as a heterosexual couple.

On the other hand, the ruling raises the issue of same-sex marriage to the national podium, promoting it from a State issue to a federal one.

Massachusetts was the first State to legalize same-sex marriage in May 2004. Since then seven others have done the same.

In 2012, President Barrack Obama became the first U.S. president to voice his official support for same-sex marriage. Before the Justices set for recess he urged them to take on the matter.