Friday, December 7, 2012

Supreme Court to Review Proposition 8 and Windsor DOMA Case

From The Towleroad:
The Supreme Court announced this afternoon that it will hear the federal challenge to Proposition 8 and the Edie Windsor DOMA case, marking the first time the high court has heard a marriage equality case.
UPDATE: CLICK HERE for our legal editor Ari Ezra Waldman's analysis of the ORDER.
Here is the SCOTUS order (PDF).
SCOTUSblog writes:
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 Windsor, the government petition (12-307) is the one granted. In addition to the petition question -- whether Sec. 3 of DOMA violates equal protection under 5th Amendment, there are two other questions: does the fact that government agreed with the 2d CA decision deprive the Court of jurisdiction to hear and decide the case, and whether BLAG (House GOP leaders) has Art. III standing in this case.
As far as timing goes, arguments in the cases should happen around March 25-27, with a decision coming in late June.

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