Chris Geidner eagerly awaits:
[B]eginning next week, the justices of the Supreme Court will return from their summer recess. When they do, among the cases they will decide whether to hear are a case challenging California’s amendment that ended same-sex couples’ right to marry and a series of cases challenging the part of the Defense of Marriage Act that prohibits the federal government from recognizing such marriages.
Jeffrey Toobin breaks down the different same-sex marriage cases sitting before the Court:
At its core, the Prop. 8 case is about whether there is a constitutional right to same-sex marriage—and whether, or when, the state can ever take that right away. The case involves only California, but the Court could use it to require every state to offer same-sex marriage to its citizens—a dramatic transformation of the law, since only six states currently allow the practice. This is the high-risk high-reward case, one that might establish a right to same-sex marriage in the entire country, or, conversely, end with the Court declaring—in a ruling that could last a generation or more—that no such right exists anywhere.
Then there's the DOMA case, which, he says, is "much narrower":
Overturning DOMA would end…disparate treatment. But even if the court were to strike down DOMA, that ruling would not extend the right to same-sex marriage to states where it does not already exist. For better or worse, it’s a limited case, with limited risks and benefits for both sides.
Toobin thinks SCOTUS is more likely to take up DOMA because, among other factors, "both sides have less to lose" in that ruling.