What is your reaction to the Supreme Court's ruling that struck down the Defense of Marriage Act? Review a selection of key statements from justices on both sides of United States v. Windsor and share your perspective.
The pace of state legislative action quickened in 2012. The Washington state Legislature and governor approved legislation in February 2012 establishing same-sex marriage. In June 2012 opponents gathered enough signatures to put the issue on the ballot in November. Voters upheld the law and same-sex marriages began on Dec. 6, 2012.
On September 11, 2012, following Windsor's petition for certiorari before judgment and before the Second Circuit's ruling, the Department of Justice filed its own petition for certiorari before judgment with the Supreme Court.  After the appellate ruling on October 18, the parties filed supplemental briefs.  On December 7, the Supreme Court granted certiorari in the case, now United States v. Windsor , accepting the DOJ's petition.
Wasserman similarly argues that if states alone had instituted DOMA laws then the federal DOMA statute may not have been necessary at all. However, she also asserts an important condition in the type of public act being considered by the receiving state.
For example, Scalia noted that the majority "does not argue that same-sex marriage is 'deeply rooted in the Nation's history and tradition,'" although that is one of the key criteria for identifying a "liberty protected by the [due process clause of the] Fifth Amendment." In the end, Justice Scalia lamented, the majority's legal arguments amounted to little more than "nonspecific hand-waving" ( Windsor , 133 . at 2707).