SCOTUS DOMA: Gay Marriage Fight Will Not End With a Ruling Against the Law


The U.S. Supreme Court's impending ruling on the outdated and discriminatory Defense of Marriage Act (DOMA) in the case of the United States v. Windsor, in which Edie Windsor is challenging the constitutionality of the law over a massive federal estate tax bill she was required to pay because her same sex marriage is not federally recognized, will not spell the end of fight for marriage equality in the U.S.

While Amy Howe argues on SCOTUSBlog that "Windsor and her supporters may have reason to be cautiously optimistic" based on the oral arguments, even if the Court rules that the law is unconstitutional, as Howe makes clear, this case "is not about whether there is a constitutional right to same-sex marriage." So although a victory for gay rights advocates on DOMA would be highly significant both practically and symbolically, it is just one aspect of the ongoing wider struggle for equal recognition and equal rights.