Monday, September 17, 2012

Waiting on the Supremes

The big day everyone is looking at is Monday, 24 Sept, when the Supreme Court may decide if they  will hear the Prop8 case (they'll tell us on the 25th).  Basically, if 4 justices decide that there is a substantive question, they can decide to hear the case.  That's risky, given the make up of the court, because most court watchers consider it unlikely that they would find a sweeping ruling to approve marriage equality for LGBT people nation wide right now.

Better for us would be if they decline the case.  Because the 9th circuit ruling was very narrow, many court watchers think that the Supremes will consider there to be no substantive question.  If that happens, then the 9th's narrow ruling will apply, and marriage will come back to California (and CA only, given our unique circumstances of having approved marriage only to take it away).  That's probably the best possible outcome.  

We’re just one week away from the Supreme Court of the United States meeting to consider hearing AFER’s case against Prop 8. 
If they decide to take our case next Monday, they’ll announce it in a list that’s released on Tuesday, September 25th. Then we’ll file briefs, have oral arguments, and likely get a decision about Prop 8′s constitutionality by next June. 
If we’re not on next Tuesday’s list, it means one of two things. Either they won’t hear our case, or they’re simply holding off on making a decision until later. 
If they’ve rejected the petition to hear our case, then they’ll announce that on the following Monday, October 1st. In that case, our previous victory will be the final, decisive word. In other words, Prop 8 will be unconstitutional forever, and marriages can start back up again in California.
 Don't forget there are several DOMA cases also pending.  This seems to be a clearer Constitutional question.  Fingers crossed!

1 comment:

JCF said...

"Fingers crossed!"

Prayers ascending!