Counsel Press assisted with the filing and service of numerous amicus briefs in United States v. Windsor and Hollingsworth v. Perry, at both the petition stage and on the merits.
The Windsor case revolves around The Defense of Marriage Act (DOMA). Enacted September 21, 1996, DOMA effectively barred same-sex married couples from being recognized as "spouses" for purposes of federal laws, or receiving federal marriage benefits.
On June 26, 2013, in United States v. Windsor, the United States Supreme Court declared Section 3 (Definition of marriage) of DOMA unconstitutional under the Due Process Clause of the Fifth Amendment. The decision was 5-4 with Justice Kennedy writing the majority opinion. He was joined in the opinion by the 4 “liberal” Justices.
The Hollingsworth v. Perry case involved California Proposition 8, which sought to amend the Constitution of California so that only heterosexual couples could marry. The District Court held the Proposition unconstitutional and the Supreme Court held that the petitioners (appellants) lacked the standing to sue so that left the District Court decision intact.
Supreme Court of the United States - Docket for Case No. 12-144Supreme Court of the United States - Docket for Case No. 12-307
Visit SCOTUSblog - Case No. 12-144
Visit SCOTUSblog - Case No. 12-307
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