Friday, December 07, 2012

U.S. Supremes to hear Prop 8 case

Well, here we go kids! Will Prop 8 live, or will it die, or will it die and, in the process, force 40 other states to legalize gay marriage as well? Those are your possible outcomes after the U.S. Supreme Court today agreed to review the 9th Circuit's strikedown of the evil California constitutional amendment.

Here's an analysis from Lambda Legal's Jon Davidson. Here's a superbly geeky analysis from SCOTUSblog. Here's a Washington Blade news story. And here's The New York Times.

In a separate case, the Supremes also are going to review a strikedown of the part of the federal Defense of Marriage Act that prohibits the federal government from recognizing as married same-sex couples who are legally married. I say we win that one hands down. Married is, after all, married.

The court likely will hear arguments in the cases in March, and we should have the rulings by June 27.

(There's also the wacky matter, in both cases, of whether the people who took the cases to the Supreme Court have the legal right to even be involved, since California's government refused to defend Prop 8 and the U.S. government refused to defend DOMA. Click on the first three links I provide above to read all about the wonky issue of "standing.")

At present, same-sex marriage is legal in Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington -- and in Washington, D.C.

(Where else is same-sex marriage legal?)

Pictured: High-stakes lawyer Ted Olson, who could be crowned God Of All The Gays around June 27 (should same-sex marriage become the law of the land), or be exiled to Siberia around June 27 (should the Supremes reject the very idea of same-sex marriage itself).
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