Abstract

Supporters and opponents alike have expressed surprise at the rapid pace of judicial rulings favoring marriage equality for same-sex couples, paving the way for another Supreme Court showdown on the issue as early as 2015. Since the Supreme Court’s decision last June to strike down the federal Defense of Marriage Act (DOMA), which barred marital benefits to legally married gay or lesbian couples, lower courts in 13 states have uniformly interpreted the decision as undermining state bans on same-sex marriage or laws refusing to recognize same-sex marriages from other states. Meanwhile, gay rights supporters have seen little tangible progress on Capitol Hill or in state legislatures. The Senate encouraged gay rights groups by approving the Employment Nondiscrimination Act, which would prohibit discrimination on the basis of sexual orientation or gender identity, but the bill stalled in the House of Representatives.

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