Supreme Court of the U.S. Unlikely to Undo Gay Marriage
Apr 29, 2015
In US versus Windsor, decided in 2013, the Supreme Court ruled that state sanctioned same sex married couples must be treated the same as heterosexual couples with regard to federal legislation, such as the Defense of Marriage Act. Notably, the Windsor Court held that out of state same sex marriage recognition was a protected right under the Constitution. Every federal decision addressing this issue since Windsor, as well as several recent Florida circuit court cases, found that denying same sex couples the fundamental right to marry violates due process of law. The United States, through the attorney general, filed a friend of the court brief in the pending cases before the US Supreme Court citing the strong interest in the eradication of discrimination on the basis of sexual orientation. When one considers the decision in Windsor followed by the trend created by numerous federal cases recognizing the right to marry by same sex couples, I believe the law in Florida will change for the better and existing laws prohibiting same sex couples from marrying will be overturned.
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