December 7, 2012
The Supreme Court Finally, Maybe, Takes Up Gay Marriage
Well, well, well. The Supreme Court announced today that it will take up two major cases affecting the rights of homosexuals to marry. One case concerns the invalidation of California’s Prop. 8 which amended the California constitution to prohibit marriage between two men or two women. The other concerns the Defense of Marriage Act which more than one lower courts has declared unconstitutional. The Court is expected to hear arguments and decide the case in the current term. There is, however, a procedural wrinkle in both cases that gives the Court an out on the substantive issues if it so desires. The Court wants the parties to brief jurisdictional issues as well. Here is the statement in today’s orders list:
12-144 HOLLINGSWORTH, DENNIS, ET AL. V. PERRY, KRISTIN M., ET AL.
The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, §2 of the Constitution in this case.
12-307 UNITED STATES V. WINDSOR, EDITH S., ET AL.
The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following questions: Whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.