Over the past two weeks there are have been two cases that pertain to same-sex marriage. Rulings in both cases raise the issue of gay- marriage to the national podium, promoting it from a State issue to a federal one. But is the issue really about gay and lesbian marriage rights?
The first one of these cases, is the one in Massachusetts where the 1st U.S. circuit court of appeals in the state 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.The ruling took place on May 31st.
The second case refers to California's Proposition 8, the 2008 law that bans same-sex marriage in the State of California. The bill was struck down and yesterday the 9th U.S. Circuit Court rejected an en banc request by pro-proposition 8 lawyers. Now the pro-proposition 8 team has up to 90 days to file petition to the Supreme Court, which they say they will certainly do.
Of course the Supreme Court has a right to discretion and could (if at least four justices agree) decline to hear either case, however chances favor the contrary and it is a fair assessment to expect at least one of the two cases to be picked up by the Supreme Court.
However, the excitement that the 'gay issue' will be elevated to a federal discourse is rather presumptuous, since both cases do not really raise the issue of same-sex marriage as much as it does the sovereignty of the States.
The premise of both cases might be gay-marriage, but really what these cases are arguing is federalism. The gist of both cases is seeking a State's right to make its own laws and regulation without the interference of the federal government.
