BREAKING: Supreme Court takes up marriage equality, will hear challenge to CA's Prop 8


UPDATE: California marriage licenses will have to wait until this case is decided. The arguments very likely will be March 25-27, and a decision is very likely around June 27.

MSNBC is reporting, as is SCOTUS Blog. Please follow the link for updates:

Prop. 8 is granted. So is Windsor. Those are the only two marriage cases granted.

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. [...]

Trying to sort this all out, it is clear that the Court has agreed to consider the merits case in Prop. 8, because that is what the petition presented as its question, but that it is also going to address whether the proponents had a right to pursue their case. If the Court were to find that the proponents did not have Art. III standing, that is the end of the matter: there would be no review on the merits of Proposition 8, or of the 9th CA decision striking it down. [...]

[T]he bottom line is this: the Court has offered to rule on Prop. 8 and on DOMA Section 3, but it also has given itself a way not to decide either case.

SCOTUS Blog has much more.

This post has been edited. H/T to Rockville Attorney Kush Arora

  • cognachas4paws

    I fully believe that we are ALL equal under the law or we are not and if one group - whatever group that may be - is not allowed to participate in society the same way other groups do, then that is a "separate but equal" condition and that cannot stand under the law.

    Having said that, this Court concerns me - they're more ideological than is good for them and I will be following this one closely. 

  • "Justice Scalia, what on Earth does Broccoli have to do with this?" - to be heard in Chambers