The Same-Sex Marriage Cases

Defense of Marriage Act Enacted

Passed in response to the possibility that the state of Hawaii might allow same-sex marriages, the act defines marriage as the union of one man and one women, for the purposes of Federal law. DOMA passed the House by a vote of 342-67, the Senate 85-14, and was signed by President Bill Clinton.

Documents

• Text of the Defense of Marriage Act

First Same-sex Marriages in the United States

Massachusetts becomes the first state in the nation to allow same-sex marriages as the result of a state supreme court decision.

Same-sex Marriage in California

The California supreme court rules that refusing to allow same-sex couples equal marriage rights violates the California state constitution.

Documents

• Opinion of the California Supreme Court

Proposition 8 Passes

California voters enact Proposition 8, effectively reversing the state supreme court decision.

Documents

• Text of Proposition 8

Prop. 8 Trial Court Review

Several same-sex couples filed suit in federal court challenging the constitutional validity of Proposition 8. Judge Vaughn Walker of Northern District of California agrees, concluding that the law violates the Fourteenth Amendment of the Constitution.

Documents

• Read the complaint in the case
• Read Judge Walker's opinion

Ninth Circuit Rules Prop. 8 Unconstitutional

Following an appeal of Judge Walker's ruling, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rules, 2-1, that Prop. 8 violates the Constitution.

Resources

• Watch oral arguments before the Ninth Circuit (part 1)
• Watch oral arguments before the Ninth Circuit (part 2)
• Read the opinion of the court

DOMA Trial Court Review

Edith Windsor, widow of a same-sex spouse whose marriage was legally recognized in New York, filed a lawsuit in New York, challenging the federal government's levy of an estate tax that would not have been applied to an opposite-sex couple. Judge Barbara Jones of the Southern District of New York concludes that DOMA is unconstitutional, violating equal protection guarantees of the Fifth and Fourteenth Amendments.

Documents

• Read the complaint filed by Windsor
• Read Judge Jones' opinion

Second Circuit Rules DOMA Unconstitutional

A three judge panel of the U.S. Court of Appeals for the Second Circuit, reviewing Judge Jones' ruling, unanimously agrees that DOMA's restrictive definition of marriage is unconstitutional.

Documents

• Listen to the arguments
• Read the opinion of the court

U.S. Supreme Court Agrees to Hear both Cases

The Supreme Court grants review of both DOMA and Prop. 8. In addition to arguments on the merits, the Court asks the parties to argue whether the Court has jurisdiction to hear the cases. Arguments are schedule for March 2013.

Documents - Prop. 8

• Read the petition for certiorari
• Read the private parties' brief opposing review
• Read the city of San Francisco's brief opposing review
• Read the petitioners' reply brief on certiorari
• Read the petitioners' brief on the merits
• Read the city of San Francisco's brief on the merits
• Read the private parties' brief on the merits
• Read more briefs in this case...

Documents - DOMA

• Read the petition for certiorari
• Read the Windsor's brief opposing review
• Read the Bipartisan Legal Advisory Group's brief opposing review
• Read the government's supplemental brief
• Read Windsor's supplemental brief
• Read the BLAG's supplemental brief on certiorari
• Read the petitioners' reply brief on certiorari
• Read the Court-appointed attorney's brief on jurisdiction
• Read the government's brief on jurisdiction
• Read the government's brief on the merits
• Read Windsor's brief on jurisdiction
• Read Windsor's brief on the merits
• Read the BLAG's brief on jurisdiction
• Read the BLAG's brief on the merits
• Read more briefs in this case...