Dec 10, 2012

U.S. Supreme Court Agrees to Hear DOMA, Prop 8 Cases

Per Scotusblog, the U.S. Supreme Court has agreed to hear cases reviewing Prop 8 and the Defense of Marriage Act. The first case will likely be heard sometime in Spring 2013.

The Proposition 8 case from California, on these questions: whether the 14th Amendment bars California from defining marriage in a traditional way, and whether the backers of Prop 8 have standing in the case under Art. III.

The Windsor DOMA case is granted on these questions: whether Sec. 3 of DOMA violates equal protection under the 5th Amendment; does the fact that government agreed with the 2d Circuit decision deprive the Court of jurisdiction to hear and decide the case; and whether the House GOP leaders who brought the case have Art. III standing in this case.

The standing questions in both instances leave the door open for the Court not to decide the cases on the substantive issues should it find that the parties who brought the cases should not have.

For the latest on these cases involving marriage equality, visit scotusblog.com.

"The U.S. Supreme Court has rightly decided to address the constitutionality of the so-called Defense of Marriage Act (DOMA). In light of the fact that nine states and the District of Columbia now grant same-gender couples the freedom to marry, we are confident that our country's highest court will remain on the right side of history and uphold the appellate court findings that LGBT Americans are deserving of the 1,138 federal rights and benefits currently barred by DOMA," said Stuart Campbell, executive director of Equality NC. "While we watch these cases progress through the Supreme Court, including a determination of the rights of marriage equality for our friends in California and beyond, we must not lose sight of the work that continues on the state level in North Carolina, including our continued fight for protections for LGBT workers, parents and youth."