Definition of Marriage Before the Supreme Court. Hear The Oral Arguments.

March 27, 2013

BrokeAndBroker.com is proud to offer its readers the following comprehensive links to the historic debate now before the United States Supreme Court involving the definition of marriage.


Hollingsworth v. Perry
(12-144, U.S. Supreme Court, March 26, 2013):

Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman.

US V. Windsor (12-307, U.S. Supreme Court, March 27, 2013):

Section 3 of the Defense of Marriage Act ("DOMA") defines the term "marriage" for all purpose under federal law including the provision of federal benefits, as "only a legal union between one man and one woman as husband and wife." 1 USC 7. It similarly defines the terms "spouse" as "a person of the opposite sex who is a husband or a wife."

The question presented to the Supreme Court is whether Section 3 of DOMA violates the Fifth Amendment's guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State.

The parties were further instructed to brief whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives the Supreme Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.


12-307United States v. Edith Schlain Windsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.