US Supreme Court to Review Prop. 8

The highest court will examine the constitutionality of the gay marriage law.

Bloomberg News is reporting that the US Supreme Court will examine California's gay marriage law to see if the 14th Amendment bars the state from defining marriage in a traditional way.

The SCOTUS Blog posted this update Friday afternoon via CoveritLive:

"Prop. 8 is granted on the petition question -- whether 14th Am. bars Calif. from defining marriage in traditional way. Plus an added question: Whether the backers of Prop.. 8 have standing in the case under Art. III."

In 2008, 52 percent of California voters approved Proposition 8. The 9th Circuit Court of Appeals struck down the law in February, ruling Prop. 8 unconstitutional. Prop. 8 supporters then appealed to the country's highest court.

This chronology of the history of gay marriage on the LA Times explains the complex road that has led to today.

The SCOTUS Blog also clarified the immediate impact of the court's decision Friday—there is none.

"Although the Court is ruling on Prop. 8, there is nothing in the order that would lift the 9th CA's stay. So marriage licenses in Calif. will have to wait until this case is decided."

Friday, the Supreme Court also granted a review of Windsor, a challenge to federal Defense of Marriage Act, according to Bloomberg.

DOMA bars the federal government from recognizing the marriages of same-sex couples.

“We are pleased that the court has agreed to decide once and for all whether these blatantly discriminatory marriage bans are permitted under our Constitution,” Ilona Turner, Legal Director of Transgender Law Center in San Francisco said in a prepared statement. “These laws that unconstitutionally restrict access to marriage based solely on gender must be struck down."

Eight other cases involving same-sex marriage were not added to the Supreme Court's "orders list," essentially its docket for the next term. Most involved the Defense of Marriage Act.

It's expected the court will hear the marriage cases in the March sitting, March 18-27.

What do you think about this decision? Share your thoughts in our comment section below.

Dive Turn Work December 10, 2012 at 04:59 PM
"Well, I've been to one world fair, a picnic, and a rodeo, and that's the stupidest thing I ever heard come over a set of earphones. You sure you got today's codes?"
Dive Turn Work December 10, 2012 at 05:13 PM
Voter, perhaps the dumbest words since Coca-Cola executives said, "Let's change the formula. What's the worst that could happen?"
Dive Turn Work December 10, 2012 at 05:14 PM
So folks like yourself can vote against it again. No, thanks, Timmy.
Tim December 11, 2012 at 04:48 AM
I voted "NO" on Prop 8. But I don't have an ego as big as you do. I'm not in favor of tyranny. The people spoke and voted against gay marriage.
Dive Turn Work December 11, 2012 at 05:20 AM
Timmy - Your idea makes as much sense as the Ford executive who said, "Yes. Edsel. Great idea."


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