After a year in which we saw a number of high-profile gay-rights victories, including the repeal of “don’t ask, don’t tell” and the legislative enactment of same-sex marriage in New York, it’s hard to imagine that more big news is on the immediate horizon. But it is. Two highly significant court rulings in gay-rights cases pending in federal appellate courts are expected soon. Moreover, President Barack Obama’s self-described “evolution” on same sex-marriage appears likely to end with a strategically timed (if low-key) pre-election announcement of his support for marriage equality.
In Perry v. Brown, the Ninth Circuit Court of Appeals is being asked to address a lower court decision striking down California’s voter-approved Proposition 8. If the court upholds the earlier ruling, it would restore same-sex marriage in California, making that right available to a total of almost twenty-five.
Gill v. Office of Personnel Management, which is before the First Circuit, asks whether the Defense of Marriage Act should be declared unconstitutional. That law prohibits the federal government from recognizing same-sex marriages legally preformed in states which allow them.
