The Obama Administration is planning to set up the Supreme Court to challenge laws that go against gay marriage.
According to the NY Times, Obama's team wants to question the Defense of Marriage Act and see whether or not they should use the same skepticism that is used for laws on discrimination of race, religion, or sex.
The Department of Justice told the Supreme Court this week that it needs to use the Edith Windsor's DOMA challenge to see if the definition of marriage being limited only to opposite-sex couples is constitutional or not.
Apparently, the Supreme Court will be taking on the case Windsor vs. United States to challenge these laws.
In a supplemental filing, Soliciter General Donald Verrilli wrote:
[T]his case now provides the most appropriate vehicle for this Court’s resolution of the constitutionality of Section 3 of DOMA. In particular, the court of appeals in Massachusetts was constrained by binding circuit precedent as to the applicable level of scrutiny, whereas the court of appeals here was not so constrained, and its analysis may be beneficial to this Court’s consideration of that issue.
Last week it was reported that appeals courts were ruling gays to be considered to have the same rights for marriage as others.