
Back in December, the Court announced that it would review the constitutionality of the Defense of Marriage Act in Edie Windsor’s case.
The Court also took review of California’s Prop 8, so the full range of marriage issues will now be before the high court. These cases are poised not just to take down DOMA and Prop 8, but to be the next building blocks for LGBT equality more broadly.
The two cases both involve marriage for gay couples, but they actually present quite distinct issues. The plaintiffs in the Prop 8 case want to get married. Edie Windsor is already married – she just wants to stop the federal government from treating her marriage different from everyone else’s marriages.