US Supreme Court will decide future of gay marriage cases next month

Justices will conference on whether to hear Prop. 8 and DOMA cases

US Supreme Court will decide future of gay marriage cases next month
29 October 2012

The US Supreme Court will meet privately on 20 November to discuss two critical legal battles: a federal challenge to California’s Proposition 8 and challenges to the Defense of Marriage Act.

The American Foundation for Equal Rights (AFER) said Monday (29 October) that if the court decides not to hear the Prop. 8 case, same-sex marriages could begin in California within days.

That is because an appellate court decision that ruled the anti-gay marriage ballot measure passed by voters unconstitutional would be made permanent and opponents would be out of legal recourse.

But if the high court does decide to hear the Prop. 8 case, AFER’s co-counsel Ted Olson and David Boies will file written briefs and present oral argument in the spring.

A final decision by the court would likely be issued by June 2013.

‘AFER brought this case with the expectation of taking our challenge to Prop. 8 all the way to the Supreme Court,’ the organization said in a statement. ‘Now that two federal courts have found Prop. 8 unconstitutional, it is time – indeed past time – that our nation live up to the promise of liberty and equality enshrined in the Constitution, and all Americans be allowed to marry the person they love.’

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 Republicans 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

Cameron gives gay Tory MP key LGBT equality role

Nick Boles will be given a position in Business, Education and lead the implementation of same-sex marriage
No thumbnail available

Married gay couple gets two-year deportation reprieve

San Francisco residents Bradford Wells and Anthony John Makk get help from two high-rankings members of U.S. Congress
No thumbnail available

Ben Summerskill to step down as head of Stonewall

Leading LGB advocate, known for his sharp wit and tireless work ethic, will be stepping down as Chief Executive of British gay lobbying charity Stonewall
No thumbnail available
No thumbnail available
No thumbnail available

A history of the gay revolution

Linda Hirshman examines the trajectory of the LGBT liberation movement
No thumbnail available

Philippine gay group flays government for ignoring HIV crisis

Progressive Organization of Gays says one person gets infected every two hours yet govt spends more money on corrupt deals than on healthcare
No thumbnail available

this is my first blog

Nam gravida neque risus, non mattis magna. Cras varius ante consectetur erat pellentesque nec elementum felis tempor. Mauris quis rhoncus justo. Nulla ac sem in lacus suscipit euismod. Nullam nibh turpis, vulputate sed dignissim sit amet, imperdiet ac leo. Duis sed elementum risus. Vivamus auctor, sapien eget posuere blandit, justo nibh pellentesque velit, eget fermentum ligula est eget diam. Ut tristique vulputate urna id ullamcorper. Nullam felis magna, rhoncus auctor fringilla in, rutrum ut eros. Duis accumsan vulputate congue. Cras id est dolor. 
RBS to train bank staff so they don’t assume you are straight, offer Mx

RBS to train bank staff so they don’t assume you are straight, offer Mx

Royal Bank of Scotland also promises it will make it easier for trans people to change their gender on their accounts
No thumbnail available

Rutgers University to open student wellbeing center named for Tyler Clementi

Rutgers University announces the creation of a center for student wellbeing and suicide prevention named for student Tyler Clementi who killed himself in 2010 after being outed by a roommate