Supreme Court Puts Off Decision On Hearing Prop 8, DOMA Cases

Supreme Court justices met for the first time on Monday to discuss which cases they’d take up this term. Of the six cases they decided to hear, Prop 8 and DOMA were not among them.

The SCOTUS will meet again on October 5, but the Washington Blade reports that an email from the American Foundation for Equal Rights, the group behind the Prop 8 lawsuit, says that the justices meet every week and a final decision on which cases it will and won’t hear could come as early as Monday morning.

Justice Ruth Bader Ginsburg had previously stated that she believed the Supreme Court would address the case against the Defense of Marriage Act, Windsor v. United States,  “toward the end of the current term.” Hollingsworth v. Perry, the case challenging Proposition 8, has particular significance to gay couples in California, who would be able to legally marry as soon as the U.S. Ninth Circuit Court of Appeals issues a mandate pending the SCOTUS’ decision.

DOMA and Prop 8 are not the only LGBT-centric cases the SCOTUS is dragging their robes on, however. According to the Blade:

One is Diaz v. Brewer, in which Arizona Gov. Jan Brewer (R) has appealed an injunction placed by a district court prohibiting her from enforcing a law taking away domestic partner benefits from state employees. Another pending case is National Organization for Marriage v. McKee, in which the anti-gay organization is challenging Maine disclosure laws requiring it to reveal donors regarding its involvement in the 2009 marriage ballot initiative in the state.

So by Monday morn we might know if the Supreme Court will tackle Prop 8 and DOMA as America eases and stumbles down the slow road to marriage equality.

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  • LubbockGayMale

    I kinda hope they ignore us for now. I fear the current SCOTUS leanings on gay rights might hurt us, so it might pay to wait a few more years when/if BHO has the chance to replace some of the right-wing-nuts on the court.

  • Charli Girl

    No way!! It’s TIME!!!! Tired n exhausted of this oppression!!!
    75% of Americans agree its our time, Seriously I’m sick of this run around!’!!!

  • bystander

    The court will probably strike down Section 3 of DOMA.

    But Prop 8 will be upheld, the court isn’t going to strike down bans nation-wide, and the legal reasoning needed to apply a holding just to California is bizarre and incoherent.

  • Cam


    Actually no it isn’t. They will decide the merits of the CA case based on that case. Does the Ca. state constitution support Prop 8, yes or no, is it discriminatory yes or no. It is a very straight forward case.

    The court has very often narrowly decided a case so that it applies only to that case.

  • jeff4justice

    Remember in this 2party system charade Democrats helped vote in Alito and Roberts during the Bush years.

    The 2party system is a joke.

  • JosephHill


    “The 2party system is a joke.”


    AMEN, Jeff4Justice…..we need to point this out for as long as it takes to level the playing field for genuine alternatives to “Lesser Evil-ism”!

  • Charli Girl

    Think we can change it before this term is over?
    It is what it is FOR NOW.. Wink wink That can be our next ” project” after
    we get our equal rights. After all our movement is probably the most organize in history.
    And we WILL be coming for them!!! Keep your eye on the big picture. Sure and steady!!!

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