Here's What You Need To Know About The Legal Battle Over Gay Marriage

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Photo: Flickr/Guillaume Paumier

The Supreme Court had a closed-door meeting Monday to decide which gay marriage cases it will take up this term, CNN reported.The fight for what gay rights advocates call “marriage equality” actually has many fronts.

There are several challenges to the Clinton-era defence of Marriage Act, which defines marriage as the legal union of a man and a woman and says no state has to recognise a same-sex marriage from another state.

There is also a separate appeal over California’s Proposition 8, which bars same-sex marriage in California.

Here are some cases the Supreme Court may hear:

— Windsor v. U.S.

In this DOMA appeal, Edith Windsor, 83, is suing for equal protection under the U.S. Constitution. She and Thea Spyer had lived together in New York’s Greenwich Village for four decades and had become engaged in 1967. They finally married in Canada in 2007.

After Spyer died in 2010, Windsor was left to pay about $363,000 in estate taxes because of DOMA.

Other DOMA challenges the court may hear, according to the Boston Globe, include:

— Gill v. Office of Personnel Management

— Massachusetts v. U.S. Department of Health and Human Services

The court may hear all DOMA cases together since a lot of them cite similar constitutional issues.

— Proposition 8 (Hollingsworth v. Perry)

After legislators approved gay marriage in California, “Prop 8,” as it became known, reversed the previous law.

Siding with gay rights advocates, a federal appeals court found Proposition 8 “works a meaningful harm to gays and lesbians,” according to CNN.

It’s possible the high court won’t hear any of these cases, but Justice Ruth Bader Ginsburg said last week she thought the justices would at least take up DOMA.

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