Supreme Court To Determine Fate Of Prop 8 And DOMA Cases

The Supreme Court will meet to discuss whether it will review American Foundation for Equal Rights (AFER)’s federal challenge to Proposition 8, along with several challenges to the Defense of Marriage Act, at a private conference on Tuesday, November 20.

According to the AFER, the Court will either:

  • Grant review of our Prop. 8 challenge, at which point AFER’s legal team, led by distinguished attorneys Ted Olson and David Boies, will submit written briefs and present oral arguments by April 2013. A final decision on Prop. 8 and marriage equality is expected by June 2013.
  • Deny review, making permanent the landmark federal appeals court ruling that found Prop. 8 UNCONSTITUTIONAL. Marriage equality will be restored in California.

The Court is expected to release an Order List detailing its decisions on cases it has granted or denied review by Monday, November 26.

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  • David Williams

    Marriage is a STATE issue – It is not Federal. The U.S. Supreme Court will be wading into dangerous territory if they rule against the California Courts. I am confident that SCOTUS will deny review and, once and for all, make same-gender marriage legal throughout California. The question of same-sex marriage is not IF it will happen throughout the United States, the question is WHEN. Romney, Ryan and near every republican is on record opposing equality in same-sex marriage and with the chances of at least two replacements on the Supreme Court within the next four years, all the more reason to consider this case when voting for President next week!

  • Katbox

    @David Williams: It’s actually both state AND federal. Your same-sex partner can be deported even you are married. They are not granted citizenship like opposite sex partners.
    Every year you also have to file state and federal taxes, only one of which will receive the full benefits of being recognized as “married.”
    So yes, it IS a federal and state issue.

  • petensfo

    I’m kinda psyched that they’ll be announcing after the election. It definitely is both a State & Federal issue… States recognize each others laws, except for the gays. Lots of laws get mixed up when you take them to the National level, or for Americans that may marry abroad, it all gets screwy when you start making exceptions because of the gays. And why are they doing that… it’s plain ol’ prejudice.

    The SCOTUS needs to suck it up, and say so.

  • gaym50ish

    The repeal of DOMA is a more important case. It will not only grant federal benefits to same-sex married couples but will probably require all states to recognize those marriages from other states. Before DOMA, there was really no precedent for a state not recognizing a marriage from another state or another country. Who cares where you have to go to get married — a trip to NY would be nice — as long as you’re recognized as being married when you get back home.

    The federal benefits of marriage are much more important than any state benefits. They include Social Security survivors benefits, spousal benefits for the military, preferences under immigration law, and on and on.

  • Cam

    A good thing that comes of the Supreme Court not reviewing the Prop 8 case, is that since that case was last before the 9th circut and they declared basically that the discrimination was unconstitutional, it would seem to cover all the states under them.

    I’m not sure how this will work out but it could have impact over more than CA.

    As for DOMA, if they strike it down it will be interesting to see if Scalia can maintain any sense of professionalism in his dissent. He has already gone so far off the rails in some of them that I don’t think he will be able to hold it together.

  • Spike

    @David Williams: Really, marriage is a State issue?

    Then explain to me why when I do my Federal taxes, I file single, and when I file my State taxes, here in California, I file as married?

    Also, explain to me why even though I’m married here in California, my partner does not qualify to receive any portion of my Social Security benefits, as heterosexual married couples do when a spouse passes away after retirement? Last I checked SS, is administered on the Federal level.

    Maybe you need to do your homework, specific to Loving vrs. VA, to better understand how marriage equality involves is very much NOT a State issue.

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