Ginsburg: Supreme Court Will Likely Tackle Gay Marriage Meanwhile, happy first anniversary of Don't Ask, Don't Tell repeal By Kevin Spak, Newser Staff Posted Sep 20, 2012 7:25 AM CDT 91 comments Comments Ruth Bader Ginsburg participates in a panel discussion at an American Bar Association meeting in this Aug. 3, 2012 file photo. (AP Photo/Kiichiro Sato) (Newser) – The Supreme Court is likely to weigh in on the constitutionality of gay marriage bans sooner rather than later, Ruth Bader Ginsburg told students at the University of Colorado yesterday. When asked if the court might legalize gay marriage under the equal-protection clause, Ginsburg smiled and demurred, saying she couldn't talk about matters that would come before the court, and "I think it's most likely that we will have that issue before the court toward the end of the current term," the AP reports. Gay rights groups have been challenging the 1996 Defense of Marriage Act on equal protection grounds, and one federal judge has already declared it unconstitutional. The case is currently before the 2nd Circuit Court of Appeals. Meanwhile, the New York Times observes that today is the first anniversary of the repeal of "Don't Ask, Don't Tell," a milestone that's remarkable for being unremarkable. Pentagon officials say recruitment, retention, and morale have all been unaffected.