The U.S. Supreme Court has announced that it will consider whether to grant review in AFER’s federal constitutional challenge to California’s Proposition 8.
The Justices will meet to discuss our case, along with several challenges to the so-called Defense of Marriage Act (DOMA), at their private Conference scheduled for Tuesday, November 20.Prop8 passed on election day 4 years ago. For those of us lucky enough to marry prior to Prop8, or marry in other states where there is equality, DOMA, passed in 1996, ensures that our marriage is federally invisible. We have a lot riding on this.
The Court is expected to 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 with its decisions on cases it has granted or denied review from its November 20 Conference by Monday, November 26. Though I am hopeful that we will hear something from the Justices by that day, the Court does not have an obligation to set a timeline for making a decision on granting or denying review.