Same-sex military couples are not eligible for many benefits that heterosexual married couples in the military receive, including housing and medical care. But the Supreme Court could redefine the federal status of gay marriage next year.
Vicki C. Jackson will be arguing that it's improper for the Supreme Court to even consider making a ruling on a federal law that treats gay married couples differently from heterosexual married couples.
As reflected in polls and recent ballot measures, public opinion is moving in favor of same-sex marriage. Now that the US Supreme Court has agreed to take up the issue, both sides in the debate look for clear legal resolution.
On Election Day, voters in Maine, Maryland, and Washington State approved same-sex marriage – the first time such unions had been approved by popular vote. Same-sex marriage licenses in Washington were issued for the first time Thursday.
A federal appeals court panel in New York voted 2 to 1 to declare part of DOMA unconstitutional. The opinion, just three weeks after argument, suggests the judges may have been keeping an eye on the Supreme Court.