How is Gill different from Perry v. Schwarzenegger in California?
Gill addresses Congress’s different treatment of already married couples, where only married same-sex couples are denied federal rights and protections for their marriages across the board, while the Perry case addresses a state’s denial to same-sex couples of the right to marry in the first place. The Perry v. Schwarzenegger case invokes the U.S. Constitution to vindicate the right of same-sex couples to marry in California. Unlike Gill, Perry is a “right to marry” case that could result in a change to California’s marriage laws. Gill challenges the federal government’s non-recognition of already married couples for purposes of legal protections and obligations offered by the federal government. It is not a challenge to state marriage laws. The Gill case involves the equal protection rights of already married same-sex couples to have United States government agencies treat their marriages in the same way they treat all other marriages in the nation. For our nation’s entire history, th
