Despite anticipation that there might be some kind of announcement today (3 December), the US Supreme Court has not yet decided whether or not to hear appeals on California’s Proposition 8 and cases involving the Defense of Marriage Act.
Whether to take on any of the cases was discussed by the high court in conference last week and is expected to be discussed again Friday. But it is still unknown when the justices will make their decision.
The justices are trying to decide whether to hear an appeal on rulings that declared the state’s Proposition 8 unconstitutional. If the court passes on the hearing the appeal, same-sex marriage will immediately become legal in the state once again.
That’s why press conferences and calls were scheduled in anticipation of a decision today.
Human Rights Campaign President Chad Griffin had flown from the East Coast over the weekend to be with Proposition 8 plaintiffs Paul Katami, Jeff Zarrillo, Sandy Belzer Stier and Kris Perry (all pictured).
But the waiting continues.
Griffin is the former president of the board of directors of the American Foundation for Equal Rights which filed the case that led to the appellate court decisions.
AFER said in a statement: ‘We remain optimistic that the Justices will soon act in our case, either agreeing to hear our arguments or allowing gay and lesbian couples to marry in California, but we must also be prepared to stay vigilant into the New Year for a final determination from the Court.’
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 the DOMA cases, federal appellate courts in New York and Boston have struck down parts of the law which is constitutional in most but not all of the US. The high court is being asked to resolve the issue.
DOMA prevents the US government from recognizing same-sex marriages even in states where such marriages are legal.