US Supreme Court to discuss gay marriage

Justices to consider whether to hear California's Proposition 8 and Defense of Marriage Act cases

US Supreme Court to discuss gay marriage
30 November 2012

The United States Supreme Court on Friday (30 November) will consider reviewing cases involving California’s Proposition 8 as well the Defense of Marriage Act.

The high court is expected to release a list with its decisions on cases it has granted or denied review from the 30 November conference on 3 December.

If the Court denies review of the Proposition 8 case, same-sex marriage would immediately become legal again in California. That’s because the February 2012 decision of the United States Court of Appeals for the Ninth Circuit that struck down Proposition 8 will be made permanent and end four years of marriage inequality in California.

If the court does grant review, the justices will go on to consider whether Proposition 8 violates the Fourteenth Amendment to the US Constitution. A request for Supreme Court review is only granted upon an affirmative vote of four justices.

As for DOMA, federal appeals courts in New York and Boston have ruled that the law is unconstitutional – rulings appealed to the Supreme Court by the Republican leadership of the House of Representatives. The Republican leadership of the US House of Representatives have spent nearly $1.5 million defending DOMA since President Barack Obama instructed the Justice Department last year to no longer defend the constitutionality of DOMA.

DOMA prevents the US government from recognizing same-sex marriages even in states where such marriages are legal so couples cannot file joint federal tax returns or receive survivor benefits if one spouse dies.

DOMA was passed by both houses of Congress by wide margins in 1996 and signed into law by then-President Bill Clinton.

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

US football player Tank Carder sorry for 'faggot' tweet

Cleveland Browns linebacker Ricky 'Tank' Carder apologizes for homophobic slur on Twitter
No thumbnail available

Al Qaeda objects to gay politicians and same-sex marriage in the US

The English language mouthpiece of terrorist group Al Qaeda has criticized President Barack Obama’s support for marriage equality as valueless and pointed to openly gay congressman Barney Frank as a symbol of the corrupt American dream
No thumbnail available

Uganda plans to ban gay groups

Activists predict arrests and closure of HIV/AIDS clinics in Uganda in government crackdown on LGBT rights groups
No thumbnail available
No thumbnail available

Watch awesome light up: Singapore gay rights rally draws record crowd of 28,000

The city-state, where gay sex is illegal, now hosts one of Asia's largest LGBT rallies
No thumbnail available

Topless Ghost hunk Mark Evans helps Gotye tribute go viral

London's Ghost The Musical leads - gay heartthrob Mark Evans and Siobhan Dillon - make sexy video homage to Somebody That I Used To Know
No thumbnail available

Aussie MP's gay marriage in Spain broadcast live

South Australian politician Ian Hunter will marry partner of 20 years in Spain despite the union not being recognized in his own country
No thumbnail available

Philly gay bash victims speak out against their attackers: 'You butchered my boyfriend’s beautiful face'

Couple feels sorry for group 'who believed it was OK, cool, maybe even funny, to use two innocent individuals as their punching bags'
No thumbnail available

Swedish ice hockey team to wear rainbow uniforms in support of LGBTI rights all year

Sweden’s Kiruna IF ice hockey team will wear the gay pride colors on their uniforms for their 2014-2015 season as they seek to become the first Swedish sports club to be certified as an LGBTI welcoming organization
No thumbnail available

Anglican Archbishop backs end of ‘gay panic’ defense in Queensland, Australia

Brisbane Archbishop Phillip Aspinall says that it’s wrong that claiming a victim made a gay sexual advance can be used by a killer to downgrade a murder conviction to manslaughter