News

U.S. Supreme Court to reconsider Prop. 8 today

Sponsors of measure appealing 9th U.S. Appeals Court ruling against voter-approved initiative

The U.S. Supreme Court is due to take another look today at whether it should review the constitutionality of Proposition 8, California's voter-approved ban on same-sex marriage.

The court announced Monday morning that an appeal by the sponsors of Proposition 8 has been put on the agenda for the justices' private conference on Friday, along with several other cases concerning the federal Defense of Marriage Act.

The announcement came after the court earlier this morning issued no orders either granting or denying review of those cases.

A possible order by the court had been expected for Monday's order list because the marriage cases were also on the agenda of the court's conference last Friday.

The court has no deadline for acting on the cases, however.

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This Friday will be the fourth time the marriage cases have been placed on the agenda for the nine justices' internal conference.

Orders resulting from this week's conference would normally be issued either Friday afternoon or next Monday morning.

The sponsors of Proposition 8 and their committee, Protect Marriage, are appealing a decision in which the 9th U.S. Circuit Court of Appeals found the voter initiative unconstitutional.

The lower court ruling has been put on hold and Proposition 8 has remained in effect during the appeal.

The Supreme Court grants review of only a small percentage of the cases appealed to it.

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If it denies review of the Proposition 8 appeal, the 9th Circuit ruling will go into effect and gay and lesbian weddings could resume in California as soon as the 9th Circuit issues a mandate.

Lawyers for two couples who challenged Proposition 8 in a federal civil rights lawsuit have said the mandate could be issued within two or three days, clearing the way for same-sex weddings.

If the Supreme Court grants review of the case, it would be expected to hear arguments sometime this spring and issue a decision by the end of June.

In the event the high court denies the appeal, San Francisco and Los Angeles County have asked the 9th Circuit to provide 24 hours notice before issuing the mandate so county clerks can prepare for an expected rush of requests for marriage licenses.

Proposition 8, providing that "only marriage between a man and a woman is valid or recognized in California," was enacted by voters as a state

constitutional amendment in November 2008.

Its sponsors have argued that California voters were entitled to choose a traditional definition of marriage and that each state, acting through its legislature or voters, should be allowed to set its own marriage laws.

If the 9th Circuit ruling is left in place, it would apply only to California because the decision was based on narrow grounds.

The appeals court said by a 2-1 vote in February that because same-sex marriage was legal in California for several months in 2008 before Proposition 8 was passed, it would be unconstitutional to deprive gays and lesbians of an existing right.

Nine states and the District of Columbia now permit same-sex marriage, including three states -- Maine, Maryland and Washington -- in which voters approved the unions in the Nov. 6 election.

The other states are Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont.

The federal Defense of Marriage Act of 1996, known as DOMA, includes a provision barring the U.S. government from recognizing same-sex marriages for the purposes of federal benefits and tax advantages even when the marriage has taken place in a state allowing such unions.

That section of the law has been struck down by U.S. appeals courts in Boston and New York and by several federal trial judges around the nation, including U.S. District Judge Jeffrey White in San Francisco.

White acted in the case of a Karen Golinski, a federal appeals court employee who wants to enroll her wife, whom she married in California in 2008, in the court's health insurance program.

Supreme Court appeals in several of those cases, including the Golinski case, have been filed by the Republican leadership of the House of Representatives.

The Obama administration announced last year that it now considers that provision of the law unconstitutional and will no longer defend it in

court.

Another section of DOMA, which is not at issue in the appeals, allows individual states to refuse to recognize marriages that were legally performed in other states.

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Julia Cheever, Bay City News

— Bay City News Service

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U.S. Supreme Court to reconsider Prop. 8 today

Sponsors of measure appealing 9th U.S. Appeals Court ruling against voter-approved initiative

Uploaded: Tue, Dec 4, 2012, 6:26 am
Updated: Fri, Dec 7, 2012, 6:47 am

The U.S. Supreme Court is due to take another look today at whether it should review the constitutionality of Proposition 8, California's voter-approved ban on same-sex marriage.

The court announced Monday morning that an appeal by the sponsors of Proposition 8 has been put on the agenda for the justices' private conference on Friday, along with several other cases concerning the federal Defense of Marriage Act.

The announcement came after the court earlier this morning issued no orders either granting or denying review of those cases.

A possible order by the court had been expected for Monday's order list because the marriage cases were also on the agenda of the court's conference last Friday.

The court has no deadline for acting on the cases, however.

This Friday will be the fourth time the marriage cases have been placed on the agenda for the nine justices' internal conference.

Orders resulting from this week's conference would normally be issued either Friday afternoon or next Monday morning.

The sponsors of Proposition 8 and their committee, Protect Marriage, are appealing a decision in which the 9th U.S. Circuit Court of Appeals found the voter initiative unconstitutional.

The lower court ruling has been put on hold and Proposition 8 has remained in effect during the appeal.

The Supreme Court grants review of only a small percentage of the cases appealed to it.

If it denies review of the Proposition 8 appeal, the 9th Circuit ruling will go into effect and gay and lesbian weddings could resume in California as soon as the 9th Circuit issues a mandate.

Lawyers for two couples who challenged Proposition 8 in a federal civil rights lawsuit have said the mandate could be issued within two or three days, clearing the way for same-sex weddings.

If the Supreme Court grants review of the case, it would be expected to hear arguments sometime this spring and issue a decision by the end of June.

In the event the high court denies the appeal, San Francisco and Los Angeles County have asked the 9th Circuit to provide 24 hours notice before issuing the mandate so county clerks can prepare for an expected rush of requests for marriage licenses.

Proposition 8, providing that "only marriage between a man and a woman is valid or recognized in California," was enacted by voters as a state

constitutional amendment in November 2008.

Its sponsors have argued that California voters were entitled to choose a traditional definition of marriage and that each state, acting through its legislature or voters, should be allowed to set its own marriage laws.

If the 9th Circuit ruling is left in place, it would apply only to California because the decision was based on narrow grounds.

The appeals court said by a 2-1 vote in February that because same-sex marriage was legal in California for several months in 2008 before Proposition 8 was passed, it would be unconstitutional to deprive gays and lesbians of an existing right.

Nine states and the District of Columbia now permit same-sex marriage, including three states -- Maine, Maryland and Washington -- in which voters approved the unions in the Nov. 6 election.

The other states are Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont.

The federal Defense of Marriage Act of 1996, known as DOMA, includes a provision barring the U.S. government from recognizing same-sex marriages for the purposes of federal benefits and tax advantages even when the marriage has taken place in a state allowing such unions.

That section of the law has been struck down by U.S. appeals courts in Boston and New York and by several federal trial judges around the nation, including U.S. District Judge Jeffrey White in San Francisco.

White acted in the case of a Karen Golinski, a federal appeals court employee who wants to enroll her wife, whom she married in California in 2008, in the court's health insurance program.

Supreme Court appeals in several of those cases, including the Golinski case, have been filed by the Republican leadership of the House of Representatives.

The Obama administration announced last year that it now considers that provision of the law unconstitutional and will no longer defend it in

court.

Another section of DOMA, which is not at issue in the appeals, allows individual states to refuse to recognize marriages that were legally performed in other states.

Julia Cheever, Bay City News

— Bay City News Service

Comments

Sue
Valley Trails
on Dec 4, 2012 at 5:38 pm
Sue, Valley Trails
on Dec 4, 2012 at 5:38 pm

Why is this even an issue??? It was voted on and the people voted for what they wanted. Why even vote if everything we vote on it going to be questioned. If there were questions, they should have been BEFORE the election, not after.


Cholo
Livermore
on Dec 4, 2012 at 6:09 pm
Cholo, Livermore
on Dec 4, 2012 at 6:09 pm

fortunately, the USA has a system in place to manage diverse opinions...people have a legal right to disagree and our courts accomodate the rights of citizens...that is what makes the USA a GREAT COUNTRY...VIVA AMERICA! VIVA! GORA!


Joe
Another Pleasanton neighborhood
on Dec 4, 2012 at 9:27 pm
Joe, Another Pleasanton neighborhood
on Dec 4, 2012 at 9:27 pm

Sue, the issue being decided by the court is whether basic constitutional rights are being violated by the DOMA and other initiatives including Prop 8.

You could put an initiative on the CA ballot to make free speech illegal, and it might pass, but it would never pass the judiciary. In that case, the will of the people is trumped by law. The court is deciding if gay rights are something that are guaranteed by the Constitution. If they are, then the vote of the people one way or another is meaningless.


Will of the people
Ruby Hill
on Dec 4, 2012 at 11:21 pm
Will of the people, Ruby Hill
on Dec 4, 2012 at 11:21 pm

Sue, it is an issue because the will of the people is not always the correct one. If it was, slavery would have been legal in the Southern states years after the Civil War, These states would have also kept "separate but equal" as the law of the state several years after it was thrown out by the Supreme Court.

The will of the people is not always correct.


Peter G.
Kottinger Ranch
on Dec 5, 2012 at 12:50 am
Peter G., Kottinger Ranch
on Dec 5, 2012 at 12:50 am

50 years from now we will look back in embarrassment about this whole issue. As far as I'm concerned, marry your same sex partner, your brother, your cousin, your hamster, your toaster or your new 80" LED/LCD flat panel display. If that's what floats your boat & keeps you off the street then go nuts people. You see the sooner we can take these ridiculous social issues away from the whack-a-moles (i.e. christian right) the sooner we can begin to address the REAL issues that face this country.

It is NOT about all things associated with your uterus and it is NOT about who you do the horizontal mamba and lay down at night with. It's about national defense, protecting American jobs, promoting our economy & exports to the world, domestic energy production and ending dependence on foreign oil, keeping LA from ever getting another NFL team and finding a way to send Justin Beiber to Guantanamo Bay.

GOD BLESS THE USA!


Cholo
Livermore
on Dec 5, 2012 at 8:17 am
Cholo, Livermore
on Dec 5, 2012 at 8:17 am

You forgot to mention that it's also about PROTECTING CHILDREN AND VULNERABLE ADULTS FROM PEDOPHILES.


Allen
Deer Oaks/Twelve Oaks
on Dec 5, 2012 at 10:23 am
Allen, Deer Oaks/Twelve Oaks
on Dec 5, 2012 at 10:23 am

I can't believe that with all the problems that we face in our society we are still giving this issue top billing. Marry your horse your cow, your refrigerator, you love your car, find a minister that will unite you and get on with it. How about solving real problems.


Citizen
Another Pleasanton neighborhood
on Dec 5, 2012 at 11:51 am
Citizen, Another Pleasanton neighborhood
on Dec 5, 2012 at 11:51 am

@Peter G. - Great answer, right on!!


Cholo
Livermore
on Dec 5, 2012 at 2:10 pm
Cholo, Livermore
on Dec 5, 2012 at 2:10 pm

This is also about respecting our system of laws. It's about understanding that even though we don't all agree, that there is a place for differences of opinion to play out and to be ruled upon in a court of law.

Sometime a legal process needs to play out. If you can't wait, make coffee!


Cholo
Livermore
on Dec 5, 2012 at 2:11 pm
Cholo, Livermore
on Dec 5, 2012 at 2:11 pm

Incidentally, what's top billing?


Raymond
Happy Valley
on Dec 7, 2012 at 1:04 pm
Raymond , Happy Valley
on Dec 7, 2012 at 1:04 pm

If you can't beat em', council em'. I look at this as a just another huge opportunity for lawyers, paralegals and their ilk to expand their legal offerings to now offer same sex divorces and other legal functions once only relegated to married men and women.

Mocking something almost always guarantees proof of concept.

Web Link


Cholo
Livermore
on Dec 26, 2012 at 7:35 pm
Cholo, Livermore
on Dec 26, 2012 at 7:35 pm

How is whether or not folks use attorneys/paralegals to manage their legal business any of your business Ray?

If you want to find a partner, you're gonna have a hard time!




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