At present, the Supreme Court is carefully reviewing two major cases which have to do with the gay marriage agenda. The first case that they are looking at is about Proposition 8, a measure which was put to the vote in California to discuss whether or not homosexuals should be allowed to marry in the state. While the proposition was passed for a short time, it was suddenly repealed. Now, gay rights activists are saying that the proposition was subject to the prejudice of voters and should have been decided by the government instead.

The other case that is currently being looked at in the Supreme Court has to do with the DOMA. This is the Defense of Marriage Act that was created by President Clinton and determines that marriage is between a man and a woman. While some states have strayed from the premise of the DOMA, federally this statute governs marriage. Therefore, all gay marriages are not recognized by the federal government even if they are recognized by the couples' respective state.

The Supreme Court is in day two of looking at these high-profile cases, and according to USA today many justices are not supportive of gay marriage. The public have vocalized overwhelming support for gay marriage, and some polls say as many as 62% of all Americans support the gay marriage measures. Still, justices have been spending much of their time in court addressing states' rights in regards to gay marriage and judicial standing instead of talking about equality and morality. At present, USA Today surmises that the Supreme Court will probably not discuss the major issues of the homosexual movement and may cause the public to leave Washington D.C. without any certain answers.

USA Today believes that many men and women will discouraged by the way that the Supreme Court has handled this case and will not stop there when it comes to fighting for this cause. News sources are predicting that in the California case, the Supreme Court will leave the decision in the hands of the state government. Because the state government has already struck the measure down, this may mean no gay marriage for California at any recent date.

If the California courts determine that they will review the measure, then they may be able to legalize homosexual marriage. This would mean legalizing the union of two same-gender partners in the nation's largest state, which is no small matter. Still, it would not implicate the approval of gay marriage in the 37 other states that still don't support it.

When it comes to the federal Defense of Marriage Act case, sources are currently claiming that the court is more concerned about the government's jurisdiction over the DOMA than whether or not the act that is currently in place is moral. Recently, a poll showed that the majority of all Americans approve of the gay rights movement. There is an overwhelming amount of support among young people, who have been caught up in the gay rights movement and have spent much time campaigning for their cause with picket signs.

Some politicians argue that homosexual marriage that is legal in some states should be recognized as legal on a federal level as well. Advocates for gay marriage argue that homosexual couples are currently denied federal spousal benefits such as joint tax returns and marital deductions. In addition, homosexual couples are not currently allowed Social Security survivor benefits if they are legally married. As the Supreme Court continues probing the prospects of gay marriage, it may have serious implications on the way that family law cases are handled, especially with homosexual couples.