Czy Sąd Najwyższy USA zalegalizuje małżeństwa homoseksualne? Hollingsworth v. Perry i United States v. Windsor

• Authors: Michalik Piotr

Title variants

EN

Will the United States Supreme Court legalize same-sex marriage? Hollingsworth v. Perry and United States v. Windsor

• Languages of publication: PL

Abstracts

EN

This spring the US Supreme Court will make its decision in two well-known cases: Hollingsworth v. Perry and United States v. Windsor. In both the Court must resolve the nationwide dispute over the constitutionality of federal and state laws which defined marriage as a union between a man and a woman. The Ninth and the Second Circuits found (in Perry and Windsor respectively) that such laws violate both Due Process and Equal Protection Clauses of the Constitution. The aim of this paper is to analyze the former Supreme Court’s decisions in this field in order to propose the most probable rationale of the expected judgements. Taking into account the Supreme Court’s milestone rulings in Griswold v. Connecticut from 1965, Loving v. Virginia from 1967, Romer v. Evans from 1996 and Lawrence and Garner v. Texas from 2003, it seems fairly possible that the Court will uphold the constitutionality of same-sex marriage. Most likely, it will be done on the ground of the Second Circuit decision in Windsor which is the best opportunity to gather the sufficient five-member majority round this solution.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2013
• Issue: 1 (15)
• Pages: 36-49

Contributors

author

Michalik Piotr

• Katedra Doktryn Politycznych i Prawnych Uniwersytetu Papieskiego Jana Pawła II