December 7, 2012
By Jacob Combs, Scottie Thomaston and Adam Bink
UPDATE 2: Order list here. h/t Kathleen.
UPDATE 1: In Prop 8 case the Court added an additional question: Whether the backers of Prop. 8 have standing in the case under Article III.
In the DOMA cases, the Government’s petition in USA v. Windsor was granted. According to SCOTUSBlog these questions were added:
2d CA [Second Circuit Court of Appeals] 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.
Big news: The Supreme Court has just announced in an order that it will take up the Prop 8 and the Defense of Marriage Act cases for further review. The next step in the review process for both cases is a scheduling order, which should come soon, laying out the date for oral arguments at the Supreme Court, although the case will likely not be heard until the spring of 2013. The Court’s term lasts until June, so we should have final news by then on the fate of Proposition 8, the constitutional amendment banning marriage equality in California. This decision means that the Ninth Circuit’s ruling striking down Prop 8 as unconstitutional continues to be stayed, and couples cannot wed in California.
In the cases involving DOMA, which prohibits same-sex couples’ legal marriages from being recognized by the federal government and therefore denies 1,138 federal rights and benefits due to those couples, the Court specifically chose to hear the Windsor challenge, and will likely make no public announcement regarding the other cases until after it rules on DOMA’s constitutionality.
This is a developing story and updates will be included at the top of this post