- Whether California's Proposition 8, passed in 2008, unfairly rescinded the right to marry (both district and circuit courts have found that it did)
- Whether Clause 3 of DOMA, the mis-named Defense of Marriage Act, is constitutional in banning federal recognition of legally married same sex couples (three different circuit courts have found it is not)
- Whether Arizona acted constitutionally in removing partner benefits from same sex couples.
If they decide NOT to hear the Prop 8 case (technically, if they "deny cert") then marriage will again be equally accessible in the Golden State. Because the Prop 8 appeal to the 9th circuit was found on very narrow grounds applicable only to CA, it is considered a good bet that the Supreme Court will let that decision stand. And don't give me the "will of the people" crap: the Constitution exists in part to protect minorities from the tyranny of the majority. After all, if you had put Jim Crow laws to a popular vote, there would still be drinking fountains labeled "whites only" in the South.
The DOMA cases are very good candidates for a Court hearing because it is a substantive federal question and the law as it stands now differs in different circuits (some finding DOMA clause 3 unconstitutional).
Not sure what the tea leaves are on the AZ case.
5 comments:
The date for the conference got moved to 11/30. See here: http://www.afer.org/blog/new-date-set-for-prop-8-at-the-supreme-court/
andrewdb
Yes, just saw that. Thanks Andrew.
Did you know that FoJ is THE news source for me on this subject? [i.e., all my other usual gay news sites got bupkus. I was left wondering why I *wasn't* hearing about Prop8 on them!]
you should read Gay Married californian. I publish MUCH more on that site.
Oh, I do, IT. I do.
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