Gay Marriage and Federalism

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  • Gay Mariage and Federalism
    • 1996- DOMA said marriage between Man and Woman - Prevents same sex couple getting marital benefits e.g. tax breaks
    • Edith Windsor Lived In New York (allows GM)- Wife dies and has to pay $363000 on wife estate. (Wouldn't if married to man) She challenged DOMA
    • Justice Anthony Kennedy - Questions Legitimacy of Law and feels it intrudes on states rights.
    • Justice Stephan Breyer- DOMA- Discriminates and Irrational
    • Conservative Justice Antonin Scalia say if marriage is redefined gays will be able to adopt- not safe????
      • Chief Justice John Roberts worried GM supporters moving too quickly
    • Stats April 2013: 41- Forbid          7- Allowed 120k-GM       40K-Kids with same sex parents


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