Friday, December 7, 2012
Certiorari Granted on Same Sex Marriage Cases
The Court has granted certiorari on Windsor v. United States, the Second Circuit decision finding DOMA section 3 unconstitutional and Perry v. Brown, [now Hollingsworth v. Perry] the Ninth Circuit opinion on California's Proposition 8.
The questions certified include issues of standing.
Update: The Order provides:
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.
Interestingly, the Court did not grant certiorari in the First Circuit cases, perhaps because Justice Kagan may have had a role as Solicitor General or perhaps because of the Tenth Amendment argument.