Day 2: Same-Sex Marriage Before Supreme Court

Today is another big day for civil libeties, as the Supreme Court will hear oral arguments in United States v. Windsor, the case challenging the constitutionality of the Defense of Marriage Act (popularly "DOMA").   This will be the second day in a row that gay marriage will be the subject of oral argument in the Court, as yesterday Ted Olson, Charles Cooper and Solicitor General Verrilli presented arguments regarding the constitutionality of California's ballot-initatied ban on same-sex marriage (Prop 8).  Yesterday, the procedural bar of standing was focused on as much as the merits of the case.  Today, we're likely to hear more about the both sides' arguments on the merits of treating same-sex couples (even married ones when it comes to DOMA) differently than couples of opposite sexes.  And though issues before the Court today are a bit different than arguments heard yesterday in Hollingsworth v. Perry,  today's arguments are highly likely to impact the outcome of Hollingsworth, so it's worth paying attention.

We'll try to keep you updated as the day goes on and we'll post links to the transcript and audio of oral arguments as soon as they're available.  In the meantime, here is the link to the opinion below in United States v. Windsor.


Also, here's a 2010 article by JLL advisor Richard Epstein providing more analysis and background on the issues in DOMA.  Enjoy.