Leave a Comment Sagesse
Next Steps for Prop 8/DOMA Cases
December 12, 2012
By Matt Baume
It’s official: The Supreme Court will hear the Prop 8 case. Meanwhile, support’s growing in Congress for a repealing the Defense of Marriage Act. And progress in state legislatures could mean even big advances for marriage in 2013.
Well the big news this week is the Supreme Court. After weeks of suspense, they finally announced that they’ll take two marriage cases this term: AFER’s case to overturn Prop 8, and one of the lawsuits challenging DOMA.
Now we can look forward to briefings and oral arguments in the spring, with a ruling probably by the end of June. These are going to be a very busy couple of months for marriage equality.
It’s a big deal that the court took both the Prop 8 case and a DOMA case, because the cases take two different approaches to marriage equality.
Prop 8 is a state law, which means that it forces California to deny the right to marry to gay and lesbian couples. DOMA, on the other hand, isn’t about the right to marry. The couples in those cases are already married. Instead, DOMA prevents the federal government from recognizing those marriages. If the court invalidates both Prop 8 and DOMA, it sets the stage for marriage equality at the state level and at the federal level.
Of course, there are a lot of different ways that the court could rule. And there’s sure to be lots of activity in those cases between now and June. We’ll have instant updates whenever there’s news in case. Subscribe here on YouTube and at AFER.org to stay up to date.
While those cases work their way through the court, Congressional support for DOMA repeal is at an all time high. Last year, 109 Representatives supported the Respect for Marriage Act, which would overturn DOMA. This year, that’s up to 159. Passage in the House requires 218.
And national polling on marriage continues its trend in our favor. New data from Quinnipiac and Gallup show support climbing over last year.
Turning to states, marriage began this weekend in Washington, with nearly 300 licenses issued in just the first few hours after midnight. Across the country, Maine marriages begin on December 29. Several towns there will hold special Saturday hours to issues licenses. And marriage in Maryland begins on January 1.
One of the next states to watch for progress on the freedom to marry is Minnesota. Governor Mark Dayton this week expressed his eagerness to sign a marriage bill if it can pass the legislature, which is now controlled by Democrats.
Organizers in Illinois are also pushing a bill in the legislature. It may come to a vote as early as January. A new survey from Public Policy Polling shows the bill would be supported by 47% of Illinois voters, with 42% opposed.
Support is even stronger in New Jersey, at 53% to 36% opposed. Lawmakers there need 27 Senate votes and 54 Assembly votes to override Governor Chris Christie’s veto of a marriage bill. Organizers say they’re close to reaching those numbers, but not quite there yet.
It’s been a huge year for marriage. But 2013 is already shaping up to be even busier yet. We have at least two major cases before the Supreme Court, some very close votes in state legislatures, and a handful of states that could be close to putting marriage on the ballot.
Subscribe here on YouTube and at AFER.org to stay up to date on all this work, and to find out where you can get involved.
Having technical problems? E-mail equalityontrial AT couragecampaign DOT org for assistance!
10 Comments Leave a Comment
1.
Waxr | December 12, 2012 at 1:32 pm
If congress repeals DOMA before Windsor is heard by the Court, wouldn't the DOMA cases become mute?
2.
bythesea | December 12, 2012 at 3:24 pm
The case would be moot if that happened, but there is basically zero chaance it would be repealed that soon (the ruling is expected by the end of June next year.
3.
Bill S. | December 12, 2012 at 4:59 pm
I don't know if this is the case because the plaintiff is seeking restitution of taxes from when DOMA was in effect. Unless the law repealing DOMA also codifies a restitution of the tax burden paid by same-sex couples during DOMA's enforcement, then there is still a live controversy at stake.
4.
bythesea | December 12, 2012 at 5:05 pm
I think her right to restitution would be unnaffected, but the case would be moot.
5.
Waxr | December 12, 2012 at 5:26 pm
I agree that there is little chance of DOMA being repealed by then, but there is still enough time to do it. It is almost a forgone conclusion that the court will rule section III unconstitutional. Congressional leaders are already talking about the possibility of repealing DOMA, and they would prefer that it is done by Congress, rather than by the Court.
Opponents to same-sex marriage are concerned that the court might go too far and even declare ssm a right. Conservatives can always justify their vote by declaring that DOMA interferes with state rights.
With the major question out of the way, Windsor's case would be sent back to the lower court.
6.
Eric | December 12, 2012 at 6:57 pm
No, because Windsor (and many of us) paid taxes in the past that similarly situated opposite-sex couples did not have to pay. We are harmed until we get our money back from the IRS. The only way that will happen is if DOMA is again found unconstitutional.
7.
bythesea | December 12, 2012 at 7:59 pm
I agree there is time literally, but politically I can't see votes being rounded up that soon in the House. Even if some Republicans break with their caucus, it would be hard to get enough, and the will be having some tough fights that will have priority most likely.
8.
Solar | December 13, 2012 at 12:08 am
are all your posts on here so doom & gloom? sure seems like you go out of your way to put a negative spin on every pro gay scenario. Things that make me go Hmm…
9.
Mike in Baltimore | December 13, 2012 at 4:11 am
"Congressional leaders are already talking about the possibility of repealing DOMA. . . ."
When did Bo-ner or Canter (Speaker and 2nd in command of the GOTP in the House) say anything about repealing DoMA? And remember, they will be in the same positions in 2013-14).
10.
Steve | December 13, 2012 at 5:32 am
See "Respect for Marriage Act". What is meant here is *Democratic* leaders. The law has lots of Democratic co-sponsors, but it won't get past the Republicans.
Leave a Comment
XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>
TrackBack URL | RSS feed for comments on this post.