Pending Supreme Court Marriage Decisions

WASHINGTON, DC, June 24, 2013 -- Any day, the Supreme Court of the United States will announce its decision on two cases that will have a bearing on the future of marriage for the entire country. CCG will be providing its the best possible analysis to its members and subscribers as soon as our lawyers have a chance to study the decisions. Here is a little primer on what we will be considering.

Case to overturn Prop 8

The decision could be very complicated depending on how the Court decides the case. Trial judge Vaughn Walker created a new definition of marriage when he heard the challenge to Prop 8, and based on that, found that there was no rational reason for voters to define marriage as between a man and a woman and attributed the passage of Prop 8 to bigotry. The Ninth Circuit Court of Appeals agreed Prop 8 should be overturned but did not agree with Judge Walker’s reasons. Our Prop 8 legal defense lawyers are fairly confident that Prop 8 and the sovereign rights of the voters will be upheld. Our hope is that this will be the end of the road, but the case could be decided in a way that may make more legal action necessary to finally resolve the matter once and for all.

Defense of Marriage Act (DOMA) Challenge

DOMA defines marriage as between a man and a woman for the purposes of federal policies and programs. The focus of this case is on tax benefits for married couples based on a complaint from a lesbian who was not able to claim a marriage exemption on more than a $363,000 inheritance when her partner died. While the focus has been on federal benefits to individual married couples, DOMA applies to all federal policies and programs, including those of the Department of Education.

In both cases, the arguments have been about the constitutionality of excluding gays from marriage and very little or no attention has been given to the fact that marriage between a man and a woman creates the only civil institution that is specifically geared for uniting kids with their moms and dads. The question that should have been considered is whether or not it is constitutional to have such an institution.

The basis for the high court's decisions and the reasoning used to support their conclusions will be very consequential. We will keep you posted.



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