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Supreme Court May Push Marriage Cases Until After Election [BuzzFeed]

September 22, 2012

“Recent moves and statements by the Department of Justice, LGBT advocates and the Supreme Court itself suggest that the court may delay decisions about whether to take cases involving the Defense of Marriage Act and Proposition 8 until after the November elections.

…Legal advocates, however, have speculated — and the Proposition 8 case being removed from the Sept. 24 conference would lend credence to the idea — that the court will consider all of the cases related to same-sex couples’ relationship recognition together at one conference, which would include the cases challenging the Defense of Marriage Act.”

This seems like a very plausible position for the Supreme Court to take:  wait until briefing is complete on all the petitions for cert on all the marriage equality cases… and THEN decide which one[s] provide the appropriate vehicle for reviewing the constitutionality of DOMA and/or the right to marry.  Whichever cases they choose to take on could still be decided in the current term ending June 2013.

16 Comments Leave a Comment

  • 1. F Young  |  September 22, 2012 at 4:08 pm

    Is it true that Proposition 8 has been yanked from the Sept 24 conference? What about Windsor?

    Was Gill ever set for Sept 24 as the SCOTUS Blog main page says?

  • 2. Sagesse  |  September 22, 2012 at 4:48 pm

    According to the article, the rumours about Prop 8 being removed from the calendar for Sep 24 have not been confirmed.

  • 3. Stefan  |  September 23, 2012 at 1:18 am

    It sounds like there is no confirmation for any of this. I still expect them to conference the case on the 24th.

  • 4. Stefan  |  September 23, 2012 at 1:23 am

    "This seems like a very plausible position for the Supreme Court to take: wait until briefing is complete on all the petitions for cert on all the marriage equality cases… and THEN decide which one[s] provide the appropriate vehicle for reviewing the constitutionality of DOMA and/or the right to marry."

    To me that doesn't make sense since the Prop 8 case and the DOMA cases are fundamentally different.

  • 5. Chad  |  September 23, 2012 at 5:25 am

    anyone who is claiming to know that prop 8 was removed from the sept. 24 conference when that fact has not been disclosed by the Court is just plain full of it. if something has leaked from the Supreme Court unofficially, this is the first time in history – extremely unlikely. everyone just needs to wait until Tues and stop speculating.

  • 6. Sagesse  |  September 23, 2012 at 6:39 am

    Stephan, I agree. I think they already know what they're going to do with Prop 8, even if they haven't discussed it yet. No matter how urgent these decisions are to the community that cares about them, however, the court does not need to 'rush to judgment' about what to take and what not to take. I was just pointing out that, with or without the rumours, considering all the marriage equality cases that they know are coming, all at the same time, makes a certain amount of sense.

  • 7. Anthony  |  September 23, 2012 at 9:59 am

    So if they deny cert tommorow, can same sex couples start getting married on the 25th again?

  • 8. bythesea  |  September 23, 2012 at 12:25 pm

    If they grant cert we will know Tuesday. If they don't, we'll have to wait until Oct. 1 to know whether it was denied or they simply deferred deciding to a later time. That is. if my information is correct.

  • 9. Stefan  |  September 23, 2012 at 1:31 pm

    I would just like to point out that prior to the release of the ACA ruling there were reports that the court was going to strike it down, which was proven to be a rumor.

  • 10. Rick  |  September 23, 2012 at 2:26 pm

    SCOTUS can do whatever it wants to — and however they want to do it. At this point of time, I agree, there's probably some initial consensus among some justices already. But predicting one particular course of action is just pure speculation.

  • 11. F Young  |  September 23, 2012 at 3:46 pm

    No, for one thing, we wouldn't know that cert was denied until Oct. 1 at the earliest.

    Secondly, the Ninth Circuit would first need to issue a mandate specifying when it's earlier decision takes effect. On another thread, a commenter said it could take several days, up to 60 days.

    While I'm not a lawyer, but I don't expect it would be that long. I would expect that the Ninth Circuit and the various clerk's offices will try to speed things up. I would guess that the first marriages will occur before the elections.

  • 12. Anthony  |  September 23, 2012 at 4:45 pm

    Actually, I think you may be wrong on that. SCOTUS apparently now can release orders a week before Oct. 1, so we could find out on the 25th. I live in CA so this directly affects me.

  • 13. Stefan  |  September 23, 2012 at 5:49 pm

    Do you have a source for that?

    Every source I've heard has said that the cases they agree to hear will be released on the 25th, while those they agree not to hear or to relist will be on October 1st.

  • 14. Anthony  |  September 23, 2012 at 6:55 pm

    This was from last week's post :

    Generally, the Supreme Court issues orders on Monday mornings at 10 a.m. Eastern time. The Supreme Court used to announced which cases it would take up on the first day of its term (this year, that would be October 1) but lately it has posted orders online the week before to allow for the briefing schedule to begin sooner. This means that the Court could announce whether or not it will take the Prop 8 case on September 25. The days to watch for Court orders, then, are September 25 and the following Mondays, starting with October 1. (It’s worth noting, however, that the Court can issue miscellaneous orders whenever it wants to.)

  • 15. Stefan  |  September 23, 2012 at 9:14 pm

    Also is anyone else suspicious about the source of this claim? Buzzfeed doesn't exactly seem like a reliable source IMO.

  • 16. Sagesse  |  September 24, 2012 at 5:00 am

    The author, Chris Geidner, is a lawyer and LGBT rights journalist. He was with Metro Weekly before, and in my experience is a reliable source for analysis on LGBT legal issues. It's still an unconfirmed report.