Same-Sex Marriage Update

[iamkeri1]

Ms T
I don't understand why Prop 8 would not have national significance if SCOTUS lets the decision stand. Didn't the challenge to the law come from a 14th amendment perspective? Equal justice under the law and all that? If SCOTUS refuses to overturn the 9th district position, why would that not have national ramifications? Is there something so specific about Prop 8's wording that the decision could only apply to Prop 8 and not to ALL laws banning same sex marrriage?

But aside from that, I'm realy excited about this coming before the supreme court. Since we now know that money equals free speech it seems only reasonable that marriage vows would also equal free speech and that same sex couples be able to have the freedom to speak their vows of marriage to each other. A different way of looking at it, an appeal with back up from two constitutional amendments.

Can you tell I'm anxious for this to happen? Freedom for my peeps!!!!

As always, thanks so much for the update and the good feelings you give me as we take each little teensy step toward equality.

Smooches,
Keri

[MsTinkerbelly]

Originally Posted by iamkeri1

Ms T
I don't understand why Prop 8 would not have national significance if SCOTUS lets the decision stand. Didn't the challenge to the law come from a 14th amendment perspective? Equal justice under the law and all that? If SCOTUS refuses to overturn the 9th district position, why would that not have national ramifications? Is there something so specific about Prop 8's wording that the decision could only apply to Prop 8 and not to ALL laws banning same sex marrriage?

But aside from that, I'm realy excited about this coming before the supreme court. Since we now know that money equals free speech it seems only reasonable that marriage vows would also equal free speech and that same sex couples be able to have the freedom to speak their vows of marriage to each other. A different way of looking at it, an appeal with back up from two constitutional amendments.

Can you tell I'm anxious for this to happen? Freedom for my peeps!!!!

As always, thanks so much for the update and the good feelings you give me as we take each little teensy step toward equality.

Smooches,
Keri

In a nutshell, the lawsuit to invalidate Prop 8 wasn't about marriage for all, it was about striking down a Consitutional Amendment in the State of California which took away rights already granted to its citizens.

The decision (should the Supreme Court grant review) could be USED by other people to argue for rights in their states, but the issue being decided is a very narrow one, not meant to be Federally applied.

My gut tells me that the Supremes will refuse to review, thus beginning marriages in California again. My hope is they review so that others can use this case in their search for equality.

[iamkeri1]

T Y
Smooches,
Keri

[MsTinkerbelly]

September 14, 2012
Prop 8 at Supreme Court: What To Expect
By Matt Baume

This is it. The moment of truth for Proposition 8.

In just a matter of days, the Supreme Court of the United States will meet to consider hearing AFER’s case against Prop 8. There are a number of different potential outcomes. So let’s take a minute to talk about what’s going to happen, and when.


First, a few basics. Prop 8 passed in 2008 by a narrow margin, changing the California state constitution and taking away the freedom to marry from committed gay and lesbian couples.

In response, AFER sued the state in federal court, pointing out that there is no rational basis for Prop 8, and that the law now denies Californians equal protection under the law.

And we won. Twice. First in District Court in 2010, and then at the Ninth Circuit Court of Appeals in 2012. Both courts agreed that Prop 8 violates the United States Constitution, and should be struck down. But even though we won, the law will remain in place until its proponents can exhaust their opportunities to be reheard.

And now they’re down to their last opportunity for that rehearing: the Supreme Court of the United States.

Here’s what happens next.

The Justices will meet on Monday, September 24th, to discuss all the cases before them. At that meeting, they’ll chose some of the cases that they’ll hear during their upcoming term, which will run from November to June of 2013. Other cases, they’ll decide not to hear.

If they decide to take our case, they’ll announce it in a list that’s released on Tuesday, September 25th. Then we’ll file briefs, have oral arguments, and get a decision from the court by next June.

If we’re not on that 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.

So there you have it. It’s taken a while to get here, but we’re finally approaching the end the case

[MsTinkerbelly]

Justice Ginsburg Sees DOMA Ruling In Her Near Future
By Josh Voorhees
|
Posted Thursday, Sept. 20, 2012, at 9:46 AM ET

During a Q-and-A with students at the University of Colorado yesterday, Supreme Court Justice Ruth Bader Ginsburg suggested that the high court will likely decide soon whether the law that bars federal recognition of same-sex couples is constitutional.

How soon? Likely within the year.


Ginsburg was asked a question about whether the equal-protection clause would be applied to the Defense of Marriage Act. The Associated Press with her answer, or rather lack thereof:

Ginsburg said with a smile that she couldn't answer the question. She said she could not talk about matters that would come to the court, and that the Defense of Marriage Act would probably be up soon. "I think it's most likely that we will have that issue before the court toward the end of the current term," she said.
Congress passed DOMA in 1996 when Hawaii seemed close to legalizing gay marriage. The law effectively halted the movement at the time but more than a half-dozen states have legalized it since, and a growing number of lower courts have taken issue with key provisions in the law. Several other states, meanwhile, have passed their own, individually-crafted bans on same-sex unions.

[MsTinkerbelly]

Supreme Court has not granted Prop 8 case
September 25, 2012
By Scottie Thomaston

The Supreme Court just issued its orders from yesterday’s “long conference”, the conference that takes place after the Court’s summer recess. There were a few cases granted, but neither Perry, the Prop 8 case, nor Windsor, a DOMA case, were granted today. And as of this writing, the Supreme Court docket for both cases still show that the case was distributed for this conference. Whether the Justices re-listed the case for another conference or are planning to deny a writ of certiorari to hear the case is uncertain at this point.

**note from Tinkerbelly

If they are going to deny the case we will hear next Monday.

[MsTinkerbelly]

What’s Next for Prop 8 and the Supreme Court
By Matt Baume

Major Prop 8 news today: the Supreme Court of the United States has released a list of some of the cases it will take in its upcoming term, and AFER’s case is not included.

This doesn’t mean that the court is passing on the case — at least not yet. It either means that they’re going to officially decline to hear it next week, or that they’re holding off on making a decision until later in their term.

If they decide to pass on the case, then our previous victories would stand and marriages could resume in California. And if they do eventually decide to take the case, AFER will defend our victories in court with briefs and oral argument by April 2013. In that case, we’ll expect a final decision by the end of June.