Same sex marriage
states ban same sex marriage
14
states with partial bans
2
Relevant facts for US v Windsor
2 women married in Canada and lived in NY. one died, suppose wanted the federal estate tax exemption defense of DOMA
states allowing same sex marriage
34
Who was hollingsworth?
A proponent of prop 8 initiative
How did Hollingsworth become the plaintiff?
CA officials wouldn't fight for the validity of the amendment.
Dissent
California law defines the states+ authority of an initiatives proponents CA found under those laws, the proponents could enforce the law if state would not. Proponents lack of connection to the state (would not enforce the law) was exactly what made them able to do so.
How is there standing in this case but not Hollingsworth?
Did not look at standing of Blag, but of the us gov.
Procedural history
District court found plaintiffs could enforce the law and held for the same sex couples 9th circuit certified the issue of whether plaintiffs could enforce the law to the CA Supreme court CA supreme court found they had the right to enforce the law on the merits the 9th circuit found for the same sex couples.
What do the issues standing rely on?
Federal law
Alito dissent
Government not a proper party because want ruling affirmed. BLAG had standing b/c represented the house, which had injury. Constitution does not provide a right to same sex marriage.
on the merits.
LOOK AT NOTES
Who is Windsor?
Lesbian spouse that was denied tax exemption because she was not a surviving spouse
First state to legalize
Massachusetts in 2003 (goodridge v. MA Department of Public Health)
Did plaintiffs have standing to enforce prop 8?
NO
Scalia dissent
No power to decide case because no case or controversy because parties agree. Us was asking the court to affirm ruling.
Reasoning (hollingsworth)
Petitioners were not ordered to do anything they only had a general grievance can only assert your own rights, not someone else's in court
Who has control over marriage?
States, but federal laws can impact marriage and marital rights
what was the controversy?
The gov. hasn't paid the estate tax refund. Failing to issue refund keeps a controversy between the parities, even though the US does not mind to pay.
True or false: there is still an injury even if the US doesn't mind paying the refund
True. Adverseness is a flexible standard and the court can hear a case even if a party doesn't want to win. (Blag was ready to enforce). if the courts did not consider this case it would flood with coma litigation
The main issue of windsor?
Whether the federal gov. must recognize same sex marriages, performed where legal, for purposes of federal benefits?
Who is BLAG?
a special division appointed by congress to represent DOMA
DOMA affects
affected 1000 statutes. Doma was directed at a certain group of people. This injury to people of new york violated due precess and equal protection
Defense of Marriage Act (DOMA) 1996
allowed states to not recognize same sex marriage and defined marriage, for purposes of federal law, one man and one woman.
How is the court allowed to take the case without looking to standing of BLAG?
because prudential confers with DOMA litigation
Roberts dissent
court lacks jurisdiction. on the merits... -congress acted constitutionally, interest in uniformity + -stability in defining marriage -No animus showing by falling to defer to states the majority says nothing about the states ability to define marriage
issues
did plaintiffs have standing to enforce prop 8? Does prop 8 violate the 14th amendment?
Hollingsworth v. Perry (appealed in 2013)
in 2008, CA courts held that marriage to one man and one woman violated equal protection clause. later 2008, prop 8 amending the constitution to define marriage. voters overturned the court holdings same sex couples filed suit in fed court state officials refused to defend the validity of prop 8 Hollingsworth allowed to intervene to defend the law district law found the law violated qual protection
No decision on standing because
injury was to the US because they were ordered to pay the tax.
US at appellate level
lost, but still did not pay credit.
Is there a true controversy if the US agrees with the ruling of the lower court?
no controversy
Issues/ holding Does BLAG have standing?
no decision
Does Prop 8 violate the 14th amendment?
not decided
Who is trying to enforce the federal law?
the federal government
When was us v. windsor decided?
the first day as hollingsworth v. perry
The definition of marriage, in Doma, constitutional?
unconstitutional
Standing
whether someone has injury that the court can remedy
