It’s marriage equality week! Tomorrow, the Supreme Court will hear arguments challenging the constitutionality of Proposition 8, which revoked same-sex couples’ right to marry in California. The day after that, the Court will consider the constitutionality of Section 3 of the federal Defense of Marriage Act, which provides that same-sex married couples cannot be considered “married” under federal law. There are lots of reasons why we will be watching these cases closely. In human terms, both cases have could have a dramatic impact on the lives of same-sex couples. Indeed, they have the potential to be historic civil rights milestones — moments when the arc of the universe curves toward justice.
To learn more about one reason the Court should take this opportunity to strike down Proposition 8 and Section 3 of DOMA, check out our fact sheet on the close relationship between sexual orientation discrimination and the sorts of sex discrimination the Court has repeatedly held to be unconstitutional. Discrimination based on gender stereotypes should be presumed unconstitutional whether it is directed at women or same-sex couples, as the National Women’s Law Center argued in its brief in the cases. The Supreme Court should take this opportunity to say the same.