For SCOTUS Rulings on Gay Marriage, It Isn't Always Black and White

image
Published: 20 Jun, 2013
Updated: 14 Oct, 2022
2 min read
Credit: Wikimedia Commons

gay marriage

The United States Supreme Court is expected to rule on the Defense of Marriage Act (Windsor v. United States) and California's Proposition 8 (Hollingsworth v. Perry) in the next few days. There is a good possibility the decision on these two cases will be reserved for last.

The Washington Post offers an easy to follow graphic on the potential rulings and what the implications would be for each decision. It also provides status for marriage rights in each state. Check it out.

The Supreme Court can either uphold DOMA or they can strike it down as unconstitutional. If the justices decide the law is unconstitutional, federal benefits currently offered to heterosexual couples will be extended to homosexual couples in twelve states and the District of Columbia.

Hollingsworth v. Perry is not a black and white case. There are a number of different routes the high court can go with this case.

The Supreme Court could strike down Prop 8 and rule that a state cannot withdraw marriage rights to gay couples once those rights have already been offered. This decision would only affect California.

The justices could decide states cannot offer marriage benefits under a civil union, but withhold the label 'marriage.' This decision would have slightly broader implications as it would affect seven states.

California, Colorado, Hawaii, Nevada, Oregon, Illinois, and New Jersey currently allow same-sex couples to join in a civil union and can receive the same benefits a heterosexual married couple is eligible to receive, but the union cannot be legally labeled a marriage. If the high court rules a state cannot withhold the marriage label if they offer marriage benefits for civil unions, California is not the only state that will have to alter its laws.

More states will be affected if the Supreme Court rules Proposition 8 to be unconstitutional. If it the justices decide a state cannot deny same-sex couples the right to marry, it will impact marriage bans in 35 states. There are certainly regions in the United States where this decision would be extremely unpopular.

IVP Donate

If the high court upholds Prop. 8 or decides it lacks standing, the only state affected is California. Obviously, if Prop. 8 is upheld, gay marriage will be banned in the state. If it is decided Prop. 8 lacks standing, same-sex marriage will continue in California and it could open the door for additional litigation challenging marriage bans nationwide.

 

 

Latest articles

Crowd in Time Square.
NYC Exit Survey: 96% of Voters Understood Their Ranked Choice Ballots
An exit poll conducted by SurveyUSA on behalf of the nonprofit better elections group FairVote finds that ranked choice voting (RCV) continues to be supported by a vast majority of voters who find it simple, fair, and easy to use. The findings come in the wake of the city’s third use of RCV in its June 2025 primary elections....
01 Jul, 2025
-
6 min read
A man filling out his election ballot.
Oregon Activist Sues over Closed Primaries: 'I Shouldn't Have to Join a Party to Have a Voice'
A new lawsuit filed in Oregon challenges the constitutionality of the state’s closed primary system, which denies the state’s largest registered voting bloc – independent voters – access to taxpayer-funded primary elections. The suit alleges Oregon is denying the voters equal voting rights...
01 Jul, 2025
-
3 min read
Supreme Court building.
Supreme Court Sides with Federal Corrections Officers in Lawsuit Over Prison Incident
The U.S. Supreme Court ruled June 30 that federal prison officers and officials cannot be sued by an inmate who accused them of excessive force during a 2021 incident, delivering a victory for federal corrections personnel concerned about rising legal exposure for doing their jobs....
01 Jul, 2025
-
3 min read