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Prop.8 and DOMA to be considered by the U.S. Supreme Court


Posted: 12/7/12

The U.S. Supreme Court has decided today (12/7/12) to consider the Prop.8 case and the DOMA case that was recently (5/31/12) ruled on by the 1st Circuit ref1, ref2

These cases may not necessarily be decided by the court, but even that will be a type of decision.  The court told both sides to be prepared to argue whether or not there was standing to defend prop.8.  That was recently ruled on by the California Supreme Court (11/17/11), which is why I am puzzled as to why the U.S. Supreme court is bringing this up again.

In United States v. Windsor the Supreme Court is asking whether the Obama can be a party in this case and whether the U.S. House has Article III Standing to defend this case.  Article III means that the person defending a position has a specific interest in defending it or that they had a "stake" in the matter.

It is unclear at this point what the Supreme Court's position is on the remaining 9 (I am not sure when 8 became 9) pending cases that deal with DOMA or same sex marriage. ref  Monday December 10, 2012 is when the court is likely to issue orders on new cases and after that January 4, 2013.  March 25 is when oral arguments are likely to be made with a decision June 27 ref1, ref2.  This case will be resolved by June 30, 2012 at the latest mp3_ref.

Here is a short article explaining all of the possible outcomes of these two cases.



Last Updated: 1/8/13

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