Prop 8, DOMA Cases Pushed by Supreme Court for Nov. 30

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The Supreme Court has rescheduled the date it will decide whether or not to hear cases challenging California’s proposition 8 and the Defense of Marriage Act.

According to the American Foundation for Equal Rights, the Justices will make the decision on Friday, Nov. 30; 10 days after the original hearing had been scheduled.

“For far too long, gay and lesbian couples in California have been waiting to exercise the fundamental freedom to marry that the United States Constitution already tells them they have,” Adam Umhoefer, executive director of AFER, the legal advisory group behind the Prop 8 lawsuit, said in a previous statement.  

“With the distribution of our case for the Court’s consideration, we move one step closer to the day when the nation will be able to live up to the promise of liberty and equality enshrined in our Constitution, and all Americans will be able to marry the person they love.”

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Still No Action from Supreme Court in Prop. 8, DOMA Cases

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DOMA Ruled Unconstitutional By Federal Appeals Court In New York

Judge Rules DOMA Unconstitutional in Connecticut

Still No Decision from Supreme Court on Prop 8 and DOMA cases

Proposition 8 Not Among Cases to be Discussed by Supreme Court, for Now

It will take a four-judge majority to decide whether the high court hears each specific case.

Passed in 2008, Proposition 8 took away the right to marry from gays and lesbians in California. The law was challenged by two gay couples, who got a historic decision on On Feb. 7, when the U.S. Court of Appeals for the Ninth Circuit found Proposition 8 unconstitutional. The proponents of the anti-gay law then took that decision to the Supreme Court.

DOMA is a 1996 law that defines marriage as a union between a man and a woman, thus depriving gay couples of the rights and privileges granted to heterosexual couples, like filing tax returns together and maintaining estate rights after widowing.

AFER indicates the justices are expected to announce their decision on Monday, Dec. 3

From AFER:

READ PLAINTIFFS’ BRIEF IN OPPOSITION HERE: www.afer.org/wp-content/uploads/2012/08/2012-08-24-Plaintiffs-Brief-in-Opposition.pdf

READ PROPONENTS’ PETITION FOR CERTIORARI HERE: www.afer.org/wp-content/uploads/2012/07/2012-07-31-Proponents-Petition-for-Certiorari.pdf

READ THE NINTH CIRCUIT’S ORDER DENYING REHEARING EN BANC HERE: www.afer.org/wp-content/uploads/2012/06/2012-06-05-En-Banc-Order.pdf

READ THE NINTH CIRCUIT’S DECISION HERE: www.afer.org/wp-content/uploads/2012/02/2012-02-07-Decision-on-Merits.pdf

READ THE FEDERAL DISTRICT COURT’S DECISION HERE: www.afer.org/wp-content/uploads/2010/08/Prop8Decision.pdf


Greg Kabel

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