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SCOTUS to hear Marriage Equality cases on March 26-27

In their scheduling orders announced today, the Supreme Court announced that it will hear the Marriage Equality Cases on March 26 and 27, as reported by SCOTUSBlog.  http://www.scotusblog.com/2013…

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The first case, Hollingsworth v. Perry, the case arising out of the challenge to PropHate, will be heard on March 26 and the court will hear arguments on the following: (1) Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman; and (2) whether petitioners have standing under Article III, ยง 2 of the Constitution in this case.

(Petitoners, here, are those seeking to overturn the decision of the Ninth Circuit, which found Prop 8 to be unconstitutional.)

The second case, US v. Windsor, arises out of DOMA and arguments will be heard on March 27.  The questions to be considered are: (1) Whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State; (2) whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and (3) whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.  


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91 comments

  3. Reaper0bot0

    And I strongly support recognizing gay marriage.  I’m just not sure that SCOTUS recognizing a right to marry one of the same gender (when only a tiny handful of states have recognized it at the ballot box) is the right way to do this.

    We’re winning this argument through the political process.  There is some risk in (as a political question, not one of policy) judicial fiat ending the debate before we hit critical mass.  Yes, it’s the right thing to do, and yes demographics work heavily in our favor.  All that said, I dunno.

    The aggrieved pro-life movement, vis a vis Roe v. Wade (and Casey et al) gives me pause.  Another two or three years would see perhaps another dozen states recognize gay marriage at the ballot box.  At that time there would be far less argument of judicial fiat.

    I’m not saying I don’t want the court to strike down Proposition 8.  I’m just wondering if this is the best way to win and have it work out well.

  5. nchristine

    this up!  Just as long as they decide in the correct manner!!  And that would be 2 consentual (sp??) adults, as I’ve not figured out how all the legal stuff for more than 2 people would work.

    Good Morning America cast publicly announced their weather person’s marriage with a photo of both men together.  Pretty gutsy on their part.  But, Sam sure did look happy this morning.

    Ok.. Introductions – I’ve got the same name as what I use over at the orange place.  I recognize some of the user names here already from the same place.  I’ve read the ‘rule book’ and hope I don’t make too many mistakes!

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