The DOMA case is about these things. The Prop 8 case is not. The Prop 8 case is a direct appeal of a lawsuit stemming from the gay marriage ban in CA. This has zero to do with Social Security or Federal Income tax. There were two separate cases that were granted certiorari on this issue.No, the case before the SC is about federal tax and social security treatment of gay marriage that are legal in the states that allow them.
Whether states have a right to legislate on the definition of marraige is clearly at issue in both cases.The issue of how each state treats gay marriage is not an issue in the case
I agree that equal protection may be at issue in both cases, but especially in the DOMA case. As I said I'm all for repealing DOMA. The feds need to keep their grubby hands of issues that aren't within their scope or purview.It's a direct equal protection clause because DOMA treats gay marriage different from straight marriage for purposes of various federal benefits (like SS)
This is a state by state issue because it is not specifically addressed by the Constitution. If Congress wants to change that, they should submit an ammendment to the 50 states for ratification.