The Federal Defense of Marriage Act has already been held unconstitutional by a Federal Circuit Court of Appeals. Today’s decision from the Second Circuit following suit and consciously anticipating SCOTUS review applies the “intermediate scrutiny” standard and was authored by a judge usually thought to be very much on the conservative side.
It also presents an obviously tangible standing claim on emotionally compelling facts: eligibility for over $360,000 in tax refunds based on life insurance proceeds from the plaintiff’s wife. And it disposes with the troublesome Baker v.
Carr Nelson question head-on, on federalism grounds, and proceeds to offer substantial dicta about substantial changes in doctrine underlying equal protections jurisprudence between 1971 and today.
For SSM junkies, this is worth a read. SCOTUS could in theory grant certiorari for this term, but that strikes me as unlikely to occur. Next term, however, seems like a pretty good bet.