Justice Ginsburg expects same-sex marriage case in 2013 The justices of the U.S. Supreme Court sit for their official photograph Oct. 8, 2010, at the Supreme Court in Washington. From left to right, front row: Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. From left to right, back row: Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. AFP/Getty Images (AP) BOULDER, Colo. - Supreme Court Justice Ruth Bader Ginsburg says the Defense of Marriage Act will likely go to the U.S. Supreme Court within the next year. Ginsburg spoke Wednesday at the University of Colorado in Boulder. She was asked by a student about the equal-protection clause and whether the nation's high court would consider it applying to sexual orientation. Ginsburg said with a smile that she couldn't answer the question. She said she could not talk about matters that would come to the court, and that the Defense of Marriage Act would "most likely" come before the court before the end of the current term. The 1996 law has been declared unconstitutional by a federal judge in New York and is awaiting arguments before the 2nd U.S. Circuit Court of Appeals.