Prop. 8 at the Supreme Court: What You Need to Know
Supreme Court Sets Dates for Prop. 8, DOMA Hearings
Supreme Court to Review Prop. 8, Defense of Marriage Act
No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday
Awaiting SCOTUS on Same-Sex Marriage: Clarifying What's Before the Court
Federal Appeals Court Rules Defense of Marriage Act Unconstitutional
Another Federal Judge Rules Defense of Marriage Act Unconstitutional
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They wanted something they knew they couldn't have: A marriage license.\u003c/p>\n\u003cfigure id=\"attachment_92248\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/prop-8-at-the-supreme-court-whats-at-stake/same-sex-couples-appear-at-city-hall-in-protest-to-request-marriage-licenses-on-valentines-day/\" rel=\"attachment wp-att-92248\">\u003cimg class=\"size-medium wp-image-92248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/161705242-300x211.jpg\" alt=\"Same-sex couple Frank Capley (L) and Joe Alfano (R) look on before staging a sit-in protest after same-sex couples were denied marriage licenses from the San Francisco county clerk on Valentine's Day. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"211\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex couple Frank Capley (L) and Joe Alfano (R) look on before staging a sit-in protest at the San Francisco county clerk on Valentine's Day. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The protest, organized by Marriage Equality USA, happens every year. And every year the couples are turned away.\u003c/p>\n\u003cp>Thom Watson from Daly City came with his partner.\u003c/p>\n\u003cp>\"You're really never fully prepared for what it's going to feel like yet again to be turned down for something that you want so badly and that other people take for granted,\" Watson said.\u003c/p>\n\u003cp>The right to get that legal document from a county clerk is what Tuesday's U.S. Supreme Court hearing is all about: whether California's Proposition 8 -- a constitutional amendment defining marriage as a union of a man and a woman -- violates equal protection under the law guaranteed by the U.S. Constitution.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Supporters: What's at Stake\u003c/strong>\u003c/p>\n\u003cp>To the sponsors of Prop. 8, like Protect Marriage.com attorney Andrew Pugno, California voters had a good reason for limiting marriage to one man and one woman.\u003c/p>\n\u003cp>\"We'd be in a very different world if a small minority can choose a new lifestyle,” Pugno said, “and then insist on a constitutional right to have government uphold that choice as an ideal.”\u003c!--more-->\u003c/p>\n\u003cp>In briefs filed with the Supreme Court, Pugno's legal team argues the rationale for Prop. 8 is that marriage is the institution that links biological parents with their children.\u003c/p>\n\u003cp>\"And if the parents are not encouraged to bind themselves together for the benefit of the children,” he said, “then ultimately it's the children that suffer.”\u003c/p>\n\u003cp>\u003cstrong>Opponents: What's at Stake\u003c/strong>\u003c/p>\n\u003cp>But don't tell that to Kris Perry. She and her partner Sandy Stier sued in federal court to have Prop. 8 overturned. Perry is the namesake of the case before the Supreme Court Tuesday – Hollingsworth v. Perry.\u003c/p>\n\u003cp>Perry says their children are the exact reason they want to get married.\u003c/p>\n\u003cp>\"We've been together for more than 13 years,\" Perry said. \"We've raised four boys. There is nothing that would make that more real and permanent than the right to be married.\"\u003c/p>\n\u003cp>Two federal courts have already ruled that preventing gay and lesbian couples from getting married serves no rational purpose and is based on prejudice.\u003c/p>\n\u003cp>\u003cstrong>What Could Happen\u003c/strong>\u003c/p>\n\u003cp>The fate of Prop. 8 may hinge on how the justices view the motivations behind banning gay marriage, according to Stanford Law School professor Jane Schacter.\u003c/p>\n\u003cp>\"On this fundamental question – what is the government's reason for doing this – if it's no more than prejudice or animosity toward the disadvantaged group, then Prop. 8 is not going to stand,\" Schacter said.\u003c/p>\n\u003cp>If Prop. 8 is struck down, gay and lesbian couples will be able to get married in California.\u003c/p>\n\u003cp>But those marriages still won't be recognized by the federal government for things like filing joint taxes, Social Security benefits or inheritance taxes, unless the Supreme Court also strikes down the Defense of Marriage Act, or DOMA.\u003c/p>\n\u003cp>That issue will be heard Wednesday.\u003c/p>\n\u003cp>\u003cstrong>'Frustrated, Complicated and Galling'\u003c/strong>\u003c/p>\n\u003cp>And no one will be watching more carefully San Francisco resident Karen Golinski. She and her partner got married in California when it was legal -- but then she couldn't add her wife to her health plan.\u003c/p>\n\u003cp>\"I'm tired of my life being so much harder than everybody else's,\" Golinski said. \"I just want it to be the same. I'm not asking for special benefits or special privileges. I just want to be treated equally like all my neighbors.\"\u003c/p>\n\u003cp>Golinski is raising a 10-year-old son with her spouse Amy Cunninghis, who said the unequal treatment takes a financial and emotional toll on them.\u003c/p>\n\u003cp>\"It is frustrating, complicated and galling to be legally married and then not have that marriage recognized by everyone,\" Cunninghis said.\u003c/p>\n\u003cp>\u003cstrong>How the Court Could Rule\u003c/strong>\u003c/p>\n\u003cp>The Obama Administration has weighed in on both cases, urging the Supreme Court to strike down DOMA and Prop. 8.\u003c/p>\n\u003cp>The court has many options when it comes to deciding Prop. 8, said UC Davis Law School Professor Vik Amar.\u003c/p>\n\u003cp>\"It could rule very broadly in either direction,” Amar said. “It could strike down all bans on same-sex marriage. It could uphold all regulation or prohibition on same-sex marriage. Or it could rule like the 9th Circuit to do something in between.\"\u003c/p>\n\u003cp>That \"something in between\" would mean striking down Prop. 8 on narrow grounds that apply only in California.\u003c/p>\n\u003cp>\u003cstrong>Growing Support\u003c/strong>\u003c/p>\n\u003cp>Since Prop. 8 passed, support for gay marriage has gradually grown. Just this month a statewide poll found that 61 percent of California voters now support allowing gays and lesbians to marry. Fortune 500 companies and prominent Republicans have filed legal briefs opposing Prop. 8.\u003c/p>\n\u003cp>But will the court be influenced by shifting attitudes? Or will it just allow each state to decide for itself?\u003c/p>\n\u003cp>Ryan Anderson, a fellow at the conservative Heritage Foundation in Washington, D.C., frames it this way: \"Will the Supreme Court allow citizens and their elected officials to make marriage policy, or will the Supreme Court cut democratic deliberations short, create another Roe v. Wade and another 40-year culture war?\"\u003c/p>\n\u003cp>For Stier, the wait has gone on long enough.\u003c/p>\n\u003cp>\"We have no idea when marriage will be legal in California,\" she said. \"But what we do know is when it is legal in California, we'll be the first in line.\"\u003c/p>\n\u003cp>Stier and Perry will be in the courtroom tomorrow morning with their twin sons.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The justices will issue their rulings on both Prop. 8 and DOMA by the end of June.\u003c/p>\n\n","blocks":[],"excerpt":"On Valentine's Day last month, about a dozen gay and lesbian couples showed up at San Francisco City Hall. They wanted something they knew they couldn't have: A marriage license.\r\n\r\n\u003cimg class=\"size-medium wp-image-92248\" src=\"http://ww2.kqed.org/news/files/2013/03/161705242-300x211.jpg\" alt=\"Same-sex couple Frank Capley (L) and Joe Alfano (R) look on before staging a sit-in protest after same-sex couples were denied marriage licenses from the San Francisco county clerk on Valentine's Day. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"211\" style=\"padding: 10px 10px 10px 10px\" align=\"left\" />\u003c/a>\r\n\r\nThe protest, organized by Marriage Equality USA, happens every year. And every year the couples are turned away.\r\n\r\nThom Watson from Daly City came with his partner.\r\n\r\n\"You're really never fully prepared for what it's going to feel like yet again to be turned down for something that you want so badly and that other people take for granted,\" Watson said.\r\n\r\nThe right to get that legal document from a county clerk is what Tuesday's U.S. Supreme Court hearing is all about: whether California's Proposition 8 -- a constitutional amendment defining marriage as a union of a man and a woman -- violates equal protection under the law guaranteed by the U.S. Constitution.\r\n","status":"publish","parent":0,"modified":1398733235,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":989},"headData":{"title":"Prop. 8 at the Supreme Court: What's at Stake | KQED","description":"On Valentine's Day last month, about a dozen gay and lesbian couples showed up at San Francisco City Hall. They wanted something they knew they couldn't have: A marriage license.\r\n\r\n\r\n\r\nThe protest, organized by Marriage Equality USA, happens every year. And every year the couples are turned away.\r\n\r\nThom Watson from Daly City came with his partner.\r\n\r\n"You're really never fully prepared for what it's going to feel like yet again to be turned down for something that you want so badly and that other people take for granted," Watson said.\r\n\r\nThe right to get that legal document from a county clerk is what Tuesday's U.S. Supreme Court hearing is all about: whether California's Proposition 8 -- a constitutional amendment defining marriage as a union of a man and a woman -- violates equal protection under the law guaranteed by the U.S. Constitution.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prop. 8 at the Supreme Court: What's at Stake","datePublished":"2013-03-25T12:30:17.000Z","dateModified":"2014-04-29T01:00:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"92244 http://ww2.kqed.org/news/?p=92244","disqusUrl":"https://ww2.kqed.org/news/2013/03/25/prop-8-at-the-supreme-court-whats-at-stake/","disqusTitle":"Prop. 8 at the Supreme Court: What's at Stake","path":"/news/92244/prop-8-at-the-supreme-court-whats-at-stake","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Valentine's Day last month, about a dozen gay and lesbian couples showed up at San Francisco City Hall. They wanted something they knew they couldn't have: A marriage license.\u003c/p>\n\u003cfigure id=\"attachment_92248\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/25/prop-8-at-the-supreme-court-whats-at-stake/same-sex-couples-appear-at-city-hall-in-protest-to-request-marriage-licenses-on-valentines-day/\" rel=\"attachment wp-att-92248\">\u003cimg class=\"size-medium wp-image-92248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/161705242-300x211.jpg\" alt=\"Same-sex couple Frank Capley (L) and Joe Alfano (R) look on before staging a sit-in protest after same-sex couples were denied marriage licenses from the San Francisco county clerk on Valentine's Day. (Justin Sullivan/Getty Images)\" width=\"300\" height=\"211\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex couple Frank Capley (L) and Joe Alfano (R) look on before staging a sit-in protest at the San Francisco county clerk on Valentine's Day. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The protest, organized by Marriage Equality USA, happens every year. And every year the couples are turned away.\u003c/p>\n\u003cp>Thom Watson from Daly City came with his partner.\u003c/p>\n\u003cp>\"You're really never fully prepared for what it's going to feel like yet again to be turned down for something that you want so badly and that other people take for granted,\" Watson said.\u003c/p>\n\u003cp>The right to get that legal document from a county clerk is what Tuesday's U.S. Supreme Court hearing is all about: whether California's Proposition 8 -- a constitutional amendment defining marriage as a union of a man and a woman -- violates equal protection under the law guaranteed by the U.S. Constitution.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Supporters: What's at Stake\u003c/strong>\u003c/p>\n\u003cp>To the sponsors of Prop. 8, like Protect Marriage.com attorney Andrew Pugno, California voters had a good reason for limiting marriage to one man and one woman.\u003c/p>\n\u003cp>\"We'd be in a very different world if a small minority can choose a new lifestyle,” Pugno said, “and then insist on a constitutional right to have government uphold that choice as an ideal.”\u003c!--more-->\u003c/p>\n\u003cp>In briefs filed with the Supreme Court, Pugno's legal team argues the rationale for Prop. 8 is that marriage is the institution that links biological parents with their children.\u003c/p>\n\u003cp>\"And if the parents are not encouraged to bind themselves together for the benefit of the children,” he said, “then ultimately it's the children that suffer.”\u003c/p>\n\u003cp>\u003cstrong>Opponents: What's at Stake\u003c/strong>\u003c/p>\n\u003cp>But don't tell that to Kris Perry. She and her partner Sandy Stier sued in federal court to have Prop. 8 overturned. Perry is the namesake of the case before the Supreme Court Tuesday – Hollingsworth v. Perry.\u003c/p>\n\u003cp>Perry says their children are the exact reason they want to get married.\u003c/p>\n\u003cp>\"We've been together for more than 13 years,\" Perry said. \"We've raised four boys. There is nothing that would make that more real and permanent than the right to be married.\"\u003c/p>\n\u003cp>Two federal courts have already ruled that preventing gay and lesbian couples from getting married serves no rational purpose and is based on prejudice.\u003c/p>\n\u003cp>\u003cstrong>What Could Happen\u003c/strong>\u003c/p>\n\u003cp>The fate of Prop. 8 may hinge on how the justices view the motivations behind banning gay marriage, according to Stanford Law School professor Jane Schacter.\u003c/p>\n\u003cp>\"On this fundamental question – what is the government's reason for doing this – if it's no more than prejudice or animosity toward the disadvantaged group, then Prop. 8 is not going to stand,\" Schacter said.\u003c/p>\n\u003cp>If Prop. 8 is struck down, gay and lesbian couples will be able to get married in California.\u003c/p>\n\u003cp>But those marriages still won't be recognized by the federal government for things like filing joint taxes, Social Security benefits or inheritance taxes, unless the Supreme Court also strikes down the Defense of Marriage Act, or DOMA.\u003c/p>\n\u003cp>That issue will be heard Wednesday.\u003c/p>\n\u003cp>\u003cstrong>'Frustrated, Complicated and Galling'\u003c/strong>\u003c/p>\n\u003cp>And no one will be watching more carefully San Francisco resident Karen Golinski. She and her partner got married in California when it was legal -- but then she couldn't add her wife to her health plan.\u003c/p>\n\u003cp>\"I'm tired of my life being so much harder than everybody else's,\" Golinski said. \"I just want it to be the same. I'm not asking for special benefits or special privileges. I just want to be treated equally like all my neighbors.\"\u003c/p>\n\u003cp>Golinski is raising a 10-year-old son with her spouse Amy Cunninghis, who said the unequal treatment takes a financial and emotional toll on them.\u003c/p>\n\u003cp>\"It is frustrating, complicated and galling to be legally married and then not have that marriage recognized by everyone,\" Cunninghis said.\u003c/p>\n\u003cp>\u003cstrong>How the Court Could Rule\u003c/strong>\u003c/p>\n\u003cp>The Obama Administration has weighed in on both cases, urging the Supreme Court to strike down DOMA and Prop. 8.\u003c/p>\n\u003cp>The court has many options when it comes to deciding Prop. 8, said UC Davis Law School Professor Vik Amar.\u003c/p>\n\u003cp>\"It could rule very broadly in either direction,” Amar said. “It could strike down all bans on same-sex marriage. It could uphold all regulation or prohibition on same-sex marriage. Or it could rule like the 9th Circuit to do something in between.\"\u003c/p>\n\u003cp>That \"something in between\" would mean striking down Prop. 8 on narrow grounds that apply only in California.\u003c/p>\n\u003cp>\u003cstrong>Growing Support\u003c/strong>\u003c/p>\n\u003cp>Since Prop. 8 passed, support for gay marriage has gradually grown. Just this month a statewide poll found that 61 percent of California voters now support allowing gays and lesbians to marry. Fortune 500 companies and prominent Republicans have filed legal briefs opposing Prop. 8.\u003c/p>\n\u003cp>But will the court be influenced by shifting attitudes? Or will it just allow each state to decide for itself?\u003c/p>\n\u003cp>Ryan Anderson, a fellow at the conservative Heritage Foundation in Washington, D.C., frames it this way: \"Will the Supreme Court allow citizens and their elected officials to make marriage policy, or will the Supreme Court cut democratic deliberations short, create another Roe v. Wade and another 40-year culture war?\"\u003c/p>\n\u003cp>For Stier, the wait has gone on long enough.\u003c/p>\n\u003cp>\"We have no idea when marriage will be legal in California,\" she said. \"But what we do know is when it is legal in California, we'll be the first in line.\"\u003c/p>\n\u003cp>Stier and Perry will be in the courtroom tomorrow morning with their twin sons.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The justices will issue their rulings on both Prop. 8 and DOMA by the end of June.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/92244/prop-8-at-the-supreme-court-whats-at-stake","authors":["255"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_3672","news_82","news_126","news_322"],"label":"news_6944"},"news_91703":{"type":"posts","id":"news_91703","meta":{"index":"posts_1591205157","site":"news","id":"91703","score":null,"sort":[1363878014000]},"guestAuthors":[],"slug":"prop-8-what-you-need-to-know","title":"Prop. 8 at the Supreme Court: What You Need to Know","publishDate":1363878014,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Gay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003cp>Taking the cause up the legal chain, gay-marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law, garnering a win for same-sex couples.\u003c!--more-->\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> the Prop. 8, though the court soon ruled it didn't have legal standing to intervene in the case. The California Supreme court, however, \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents could defend the measure even though state officials declined to do so.\u003c/p>\n\u003cp>In February 2012, the 9th U.S.Circuit Court of Appeals in San Francisco \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now, the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether or not Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage, and what the Constitution says.\u003c/p>\n\u003cp>As California takes the issue up to the Supreme Court, other states have blazed their own trail. Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry. On the other side, 31 states have amended their constitutions to ban same-sex marriage.\u003c/p>\n\u003cp>There are \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">multiple possible outcomes\u003c/a> of the Prop. 8 case -- none of which will likely settle the issue for good. If the Supreme Court overturns Prop. 8, the decision could overturn all state bans on same-sex marriage—provided the high court says there is a fundamental right to marriage. However, the justices could also rule in such a way as to restrict the impact of their ruling to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>If the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide the Prop. 8 proponents lacked standing to bring the case, which would vacate the Ninth Circuit court's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That decision could also leave the issue open to more appeals.\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and woman. DOMA consequently denies legally married same-sex couples the federal benefits that are available to married opposite-sex couples. Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the President chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. If the bill is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Proposition 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\n","blocks":[],"excerpt":"In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized \" in the state. The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\r\n\r\n\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/files/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\" align=\"left\" style=\"padding: 10px 10px 10px 10px\" />\u003c/a> \r\n\r\nBut the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\r\n\r\nGay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.","status":"publish","parent":0,"modified":1398733239,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":956},"headData":{"title":"Prop. 8 at the Supreme Court: What You Need to Know | KQED","description":"In California's June 2000 primary, 61 percent of the electorate voted "yes" on Proposition 22, a measure that amended state law to read, "Only marriage between a man and a woman is valid or recognized " in the state. The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\r\n\r\n \r\n\r\nBut the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed Proposition 8. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\r\n\r\nGay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prop. 8 at the Supreme Court: What You Need to Know","datePublished":"2013-03-21T15:00:14.000Z","dateModified":"2014-04-29T01:00:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"91703 http://ww2.kqed.org/news/?p=91703","disqusUrl":"https://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/","disqusTitle":"Prop. 8 at the Supreme Court: What You Need to Know","path":"/news/91703/prop-8-what-you-need-to-know","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to read, \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg class=\"size-medium wp-image-91707\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Gay-marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009, the court upheld Prop. 8, another blow against same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003cp>Taking the cause up the legal chain, gay-marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law, garnering a win for same-sex couples.\u003c!--more-->\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> the Prop. 8, though the court soon ruled it didn't have legal standing to intervene in the case. The California Supreme court, however, \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents could defend the measure even though state officials declined to do so.\u003c/p>\n\u003cp>In February 2012, the 9th U.S.Circuit Court of Appeals in San Francisco \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now, the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether or not Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage, and what the Constitution says.\u003c/p>\n\u003cp>As California takes the issue up to the Supreme Court, other states have blazed their own trail. Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry. On the other side, 31 states have amended their constitutions to ban same-sex marriage.\u003c/p>\n\u003cp>There are \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">multiple possible outcomes\u003c/a> of the Prop. 8 case -- none of which will likely settle the issue for good. If the Supreme Court overturns Prop. 8, the decision could overturn all state bans on same-sex marriage—provided the high court says there is a fundamental right to marriage. However, the justices could also rule in such a way as to restrict the impact of their ruling to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>If the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide the Prop. 8 proponents lacked standing to bring the case, which would vacate the Ninth Circuit court's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That decision could also leave the issue open to more appeals.\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and woman. DOMA consequently denies legally married same-sex couples the federal benefits that are available to married opposite-sex couples. Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the President chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. If the bill is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Proposition 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/91703/prop-8-what-you-need-to-know","authors":["1430"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_4863","news_335","news_548","news_893","news_3672","news_2626","news_82","news_323","news_126","news_322","news_1172","news_1244"],"label":"news_6944"},"news_84757":{"type":"posts","id":"news_84757","meta":{"index":"posts_1591205157","site":"news","id":"84757","score":null,"sort":[1357580414000]},"guestAuthors":[],"slug":"supreme-court-sets-dates-for-same-sex-marriage-hearings","title":"Supreme Court Sets Dates for Prop. 8, DOMA Hearings","publishDate":1357580414,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The U.S. Supreme court has \u003ca href=\"http://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentViewer.aspx?Filename=MonthyArgumentCalMar2013.html\">set dates\u003c/a> for hearings on two cases concerning same-sex marriage. It will hear arguments on California's Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.\u003c/p>\n\u003cp>It will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.\u003c/p>\n\u003cp>In the Proposition 8 hearing, \u003ca href=\"http://www.supremecourt.gov/qp/12-00144qp.pdf\">Hollingsworth v. Perry\u003c/a>, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.\u003c/p>\n\u003cp>It's also asking them to present arguments on whether the people defending Proposition 8 -- its sponsors -- have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California's governor Jerry Brown opposes the law.\u003c/p>\n\u003cp>DOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In \u003ca href=\"http://www.supremecourt.gov/qp/12-00307qp.pdf\">United States v. Windsor,\u003c/a> the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It is also asking them to debate the question of whether the U.S. House of Representatives has standing to defend DOMA since President Barack Obama is declining to defend it.\u003c/p>\n\u003cp>Here's \u003ca href=\"http://ww2.kqed.org/news/tag/prop-8/\">some background\u003c/a> on the two cases.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The office of San Francisco's City Attorney Dennis Herrera, which is a co-plaintiff in the suit against Proposition 8, offered a \u003ca href=\"http://www.sfcityattorney.org/index.aspx?page=23\">timeline of the case\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"The U.S. Supreme court has \u003ca href=\"http://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentViewer.aspx?Filename=MonthyArgumentCalMar2013.html\">set dates\u003c/a> for hearings on two cases concerning same-sex marriage. It will hear arguments on California's Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.\r\n\r\nIt will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.\r\n\r\nIn the Proposition 8 hearing, \u003ca href=\"http://www.supremecourt.gov/qp/12-00144qp.pdf\">Hollingsworth v. Perry\u003c/a>, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.\r\n\r\nIt's also asking them to present arguments on whether the people defending Proposition 8 -- its sponsors -- have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California's governor Jerry Brown opposes the law.\r\n\r\nDOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In \u003ca href=\"http://www.supremecourt.gov/qp/12-00307qp.pdf\">United States v. Windsor,\u003c/a> the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.","status":"publish","parent":0,"modified":1363912260,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":284},"headData":{"title":"Supreme Court Sets Dates for Prop. 8, DOMA Hearings | KQED","description":"The U.S. Supreme court has set dates for hearings on two cases concerning same-sex marriage. It will hear arguments on California's Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.\r\n\r\nIt will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.\r\n\r\nIn the Proposition 8 hearing, Hollingsworth v. Perry, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.\r\n\r\nIt's also asking them to present arguments on whether the people defending Proposition 8 -- its sponsors -- have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California's governor Jerry Brown opposes the law.\r\n\r\nDOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In United States v. Windsor, the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court Sets Dates for Prop. 8, DOMA Hearings","datePublished":"2013-01-07T17:40:14.000Z","dateModified":"2013-03-22T00:31:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"84757 http://ww2.kqed.org/news/?p=84757","disqusUrl":"https://ww2.kqed.org/news/2013/01/07/supreme-court-sets-dates-for-same-sex-marriage-hearings/","disqusTitle":"Supreme Court Sets Dates for Prop. 8, DOMA Hearings","path":"/news/84757/supreme-court-sets-dates-for-same-sex-marriage-hearings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme court has \u003ca href=\"http://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentViewer.aspx?Filename=MonthyArgumentCalMar2013.html\">set dates\u003c/a> for hearings on two cases concerning same-sex marriage. It will hear arguments on California's Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.\u003c/p>\n\u003cp>It will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.\u003c/p>\n\u003cp>In the Proposition 8 hearing, \u003ca href=\"http://www.supremecourt.gov/qp/12-00144qp.pdf\">Hollingsworth v. Perry\u003c/a>, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.\u003c/p>\n\u003cp>It's also asking them to present arguments on whether the people defending Proposition 8 -- its sponsors -- have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California's governor Jerry Brown opposes the law.\u003c/p>\n\u003cp>DOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In \u003ca href=\"http://www.supremecourt.gov/qp/12-00307qp.pdf\">United States v. Windsor,\u003c/a> the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It is also asking them to debate the question of whether the U.S. House of Representatives has standing to defend DOMA since President Barack Obama is declining to defend it.\u003c/p>\n\u003cp>Here's \u003ca href=\"http://ww2.kqed.org/news/tag/prop-8/\">some background\u003c/a> on the two cases.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The office of San Francisco's City Attorney Dennis Herrera, which is a co-plaintiff in the suit against Proposition 8, offered a \u003ca href=\"http://www.sfcityattorney.org/index.aspx?page=23\">timeline of the case\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/84757/supreme-court-sets-dates-for-same-sex-marriage-hearings","authors":["1367"],"programs":["news_6944"],"tags":["news_893","news_3672","news_2626","news_851","news_82","news_126","news_322"],"label":"news_6944"},"news_81802":{"type":"posts","id":"news_81802","meta":{"index":"posts_1591205157","site":"news","id":"81802","score":null,"sort":[1354923950000]},"guestAuthors":[],"slug":"u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban","title":"Supreme Court to Review Prop. 8, Defense of Marriage Act","publishDate":1354923950,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>From AP:\u003c/p>\n\u003cblockquote>\u003cp>WASHINGTON (AP) — The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\u003c/p>\n\u003cp>The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\u003c/p>\n\u003cp>The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\u003c/p>\n\u003cp>The cases probably will be argued in March, with decisions expected by late June. \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/#AP\">Full AP story here\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_81808\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-medium wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203-300x186.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"300\" height=\"186\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 1:25 p.m.\u003c/strong> Interesting entry from \u003ca href=\"http://www.scotusblog.com/2012/12/live-blog-anticipating-orders-hopefully-regarding-same-sex-marriage-sponsored-by-bloomberg-law/\" target=\"_blank\">SCOTUSblog live analysis\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>There is a good deal of complexity in the marriage orders, but the bottom line is this: the Court has offered to rule on Prop. 8 and on DOMA Section 3, but it also has given itself a way not to decide either case. That probably depends upon how eager the Justices are to get to the merits; if they are having trouble getting to 5 on the merits, they may just opt out through one of the procedural devices they have offered up as potentials.\u003c/p>\u003c/blockquote>\n\u003cp>In a conversation with Scott Shafer today, UC Davis law professor Vik Amar addressed this issue: \u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>AMAR\u003c/strong>: Remember, the Supreme Court today asked the parties to brief another question, which has been looming throughout, and that is whether the sponsors to Prop. 8 are proper parties to defend the measure in federal court. The Supreme Court signaled that his case may go away on standing grounds. And the court may never reach the merits at all, if it’s not convinced that the sponsors are appropriate defendants to the court.\u003c/p>\n\u003cp>\u003cstrong>SHAFER\u003c/strong>: I believe they also asked that question in the DOMA case they took up, that question of standing.\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: They did, because the Obama Administration has declined to defend the DOMA, the federal statute, and in fact agrees with the lower courts that it’s unconstitutional, which led the House of Representatives to hire its own outside lawyers headed by Paul Clement. And the court today wondered aloud, and asked the parties to brief whether Paul Clement and his group is a proper party to defend DOMA. Now that’s even more arresting than them asking whether the Prop. 8 sponsors have standing, because there are a lot of cases in which Congress has been allowed to defend federal statutes where the president has not.\u003c/p>\n\u003cp>(I)f the justices were to say there is no one to defend Congress’s work product when the president doesn’t, that really opens up the door to broad presidential powers to essentially ignore and thus undermine what Congress does.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 1:40 p.m.\u003c/strong> Another interesting wrinkle...from the \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2012/11/am-alert-is-proposition-8-referendum-in-the-cards-for-california.html\" target=\"_blank\">Sacramento Bee\u003c/a>, Nov 15:\u003c/p>\n\u003cblockquote>\u003cp>During a chat with The Bee's editorial board Wednesday, Steinberg said he could envision the Democrat-controlled Legislature using its new-found two-thirds majority power to put a gay-marriage referendum on a future statewide ballot.\u003c/p>\n\u003cp>\"Depending upon what the Supreme Court might or might not do with Proposition 8, in coalition with stakeholders and the gay and lesbian leadership, if it were appropriate and necessary to put a repeal of Prop. 8 on the ballot with our two-thirds supermajority, I would be open to that,\" the Sacramento Democrat said.\u003c/p>\n\u003cdiv>\u003c/div>\n\u003c/blockquote>\n\u003cp>In Nov 2008, Californians passed Prop 8 by 52 percent to 48 percent. But a May 2012 \u003ca href=\"http://www.ppic.org/main/publication_show.asp?i=1012\" target=\"_blank\">PPIC poll\u003c/a> found that Californians supported same-sex marriage by 54-40 percent. More on the changing views of Californians on this issue from that poll:\u003c/p>\n\u003cblockquote>\u003cp>In October 2008, a majority of older Californians opposed same-sex marriage (34% in favor, 58% opposed); they are now closely divided (45% favor, 47% oppose). Support has grown 15 points among younger Californians, age 18–34 (from 53% to 68%). Majorities of both women (53%, up slightly from 47% in 2008) and men (55%, up 13 points) now support same-sex marriage. In their 2008 campaign, Proposition 8 proponents appealed to parents by claiming that if same-sex marriage remained legal, it would be taught in schools. A majority of parents expressed opposition at the time (42% in favor, 54% opposed), but the opinion gap has since narrowed (46% in favor, 47% opposed). Support for same-sex marriage has increased somewhat among whites (from 50% in 2008 to 59% in 2012) and Latinos (from 36% to 43%).\u003c/p>\u003c/blockquote>\n\u003cp>You'll recall that in the November election, Maine voters approved same-sex marriage just a few years after banning it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Meaning that even if the Supreme Court reverses the 9th Circuit's decision, we \u003cem>still\u003c/em> may have not heard the last on this issue.\u003c/p>\n\u003cp>\u003cstrong>Update 2:45 p.m.\u003c/strong> California Attorney General Kamala Harris says she will lead attorneys general nationwide in drafting a brief in support of same-sex marriage for the Prop 8 SCOTUS case. You can \u003ca href=\"https://soundcloud.com/kqed/calif-attorney-general-kamala\">listen to her speaking at San Francisco City Hall today here\u003c/a>...\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F70396796&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 4:00 p.m.\u003c/strong> Here is the \u003ca href=\"https://soundcloud.com/kqed/raw-audio-attorneys-who\" target=\"_blank\">audio of today's press conference\u003c/a> by the American Foundation for Equal Rights, which is sponsoring the legal challenge to Proposition 8. \u003c/p>\n\u003cp>\"We got involved in this case two-and-a-half years ago because we wanted to get married and we were being discriminated against, along with thousands of other gays and lesbians,\" said plainfiff Jeff Zarillo. \"This is why we have a court system, this is why we have a judicial system. They have a job to step in when the rights of the minority are being oppressed by the majority.\"\u003c/p>\n\u003cp>Said attorney Ted Boutros: \"We really believe we have the best possible record for the Supreme Court to look at. It's never going to happen again where the lead expert witness in one of these cases switches sides and agrees with the position on marriage equality. It really couldn't be a better situation.\" Boutros was referring to the Institute for American Values' David Blankenhorn, who renounced his testimony in favor of Proposition 8 in a \u003ca href=\"http://www.nytimes.com/2012/06/23/opinion/how-my-view-on-gay-marriage-changed.html\" target=\"_blank\">New York Times op-ed piece\u003c/a> in June. \u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F70394781&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 4:45 p.m.\u003c/strong> KQED's Kat Snow today talked to Byron Babione, senior counsel with the Alliance Defending Freedom, part of the legal team defending Proposition 8. \u003c/p>\n\u003cp>Responding to the court's orders today, Babione said, \"We believe the Supreme Court will recognize that marriage between a man and a woman is a universal good that diverse cultures and faiths have honored throughout the history of western civilization. And that it serves substantial and compelling government purposes and is therefore constitutional.\u003c/p>\n\u003cp>\"Marriage has always been society's mechanism for regulating opposite-sex sex, because it results in procreation, accidental procreation, spontaneous conception. And so society needs a mechanism to address that. And of course opposite-sex couples implicate the state's interest in responsible procreation. And while it is no slight to same-sex couples, same-sex couples do not implicate the interest that society has in marriage, which is to make sure that mothers and fathers who have children raise those children together.\" \u003c/p>\n\u003cp>\u003ca name=\"AP\">\u003c/a>\u003c/p>\n\u003cp>\u003cem>Full AP report\u003c/em>:\u003c/p>\n\u003cp>WASHINGTON (AP) — The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\u003c/p>\n\u003cp>The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\u003c/p>\n\u003cp>The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\u003c/p>\n\u003cp>The cases probably will be argued in March, with decisions expected by late June.\u003c/p>\n\u003cp>Gay marriage is legal, or will be soon, in nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington — and the District of Columbia. Federal courts in California have struck down the state's constitutional ban on same-sex marriage, but that ruling has not taken effect while the issue is being appealed.\u003c/p>\n\u003cp>Voters in Maine, Maryland and Washington approved gay marriage earlier this month.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.scotusblog.com/2012/12/live-blog-anticipating-orders-hopefully-regarding-same-sex-marriage-sponsored-by-bloomberg-law/\">\u003cstrong>SCOTUSblog coverage\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/orders/courtorders/120712zr_3f14.pdf\" target=\"_blank\">\u003cstrong>Friday's SCOTUS order list\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5075187&ct=12526975¬oc=1\">\u003cstrong>National Organization for Marriage statement\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/#time\">\u003cstrong>Timeline: Same-sex marriage in California\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>\tBut 31 states have amended their constitutions to prohibit same-sex marriage. North Carolina was the most recent example in May. In Minnesota earlier this month, voters defeated a proposal to enshrine a ban on gay marriage in that state's constitution.\u003c/p>\n\u003cp>The biggest potential issue before the justices comes in the dispute over California's Proposition 8, the state constitutional ban on gay marriage that voters adopted in 2008 after the state Supreme Court ruled that gay Californians could marry. The case could allow the justices to decide whether the U.S. Constitution's guarantee of equal protection means that the right to marriage cannot be limited to heterosexuals.\u003c/p>\n\u003cp>A decision in favor of gay marriage could set a national rule and overturn every state constitutional provision and law banning same-sex marriages. A ruling that upheld California's ban would be a setback for gay marriage proponents in the nation's largest state, although it would leave open the state-by-state effort to allow gays and lesbians to marry.\u003c/p>\n\u003cp>In striking down Proposition 8, the 9th U.S. Circuit Court of Appeals crafted a narrow ruling that said because gay Californians already had been given the right to marry, the state could not later take it away. The ruling studiously avoided any sweeping pronouncements.\u003c/p>\n\u003cp>The larger constitutional issue almost certainly will be presented to the court, but the justices would not necessarily have to rule on it.\u003c/p>\n\u003cp>The other issue the high court will take on involves a provision of the Defense of Marriage Act, known by its acronym DOMA, which defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.\u003c/p>\n\u003cp>Four federal district courts and two appeals courts struck down the provision.\u003c/p>\n\u003cp>The justices chose for their review the case of 83-year-old Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.\u003c/p>\n\u003cp>Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.\u003c/p>\n\u003cp>There is no dispute that if Windsor had been married to a man, her estate tax bill would have been $0.\u003c/p>\n\u003cp>The 2nd U.S. Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection.\u003c/p>\n\u003cp>\u003ca name=\"time\">\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Timeline: Same-sex marriage in California\u003c/em>\u003c/p>\n\u003cdiv class=\"dipity_embed\" style=\"width: 600px\">\u003ciframe style=\"border: 1px solid #CCC\" src=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/?mode=embed&z=10yr#tl\" width=\"600\" height=\"400\">\u003c/iframe>\n\u003cp style=\"margin: 0;font-family: Arial,sans;font-size: 13px;text-align: center\">\u003ca href=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/\">Same-Sex Marriage in California\u003c/a> on \u003ca href=\"http://www.dipity.com/\">Dipity\u003c/a>.\u003c/p>\n\u003c/div>\n\n","blocks":[],"excerpt":"\u003ca href=\"http://ww2.kqed.org/news/files/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-medium wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/files/2012/12/scotusng20121203-300x186.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"300\" height=\"186\" style=\"padding: 10px 10px 10px 10px\" align=\"left\" />\u003c/a>The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\r\n\r\nThe justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\r\n\r\nThe court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\r\n\r\nThe cases probably will be argued in March, with decisions expected by late June. \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/#AP\">Full AP story here\u003c/a>","status":"publish","parent":0,"modified":1398733252,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":53,"wordCount":1940},"headData":{"title":"Supreme Court to Review Prop. 8, Defense of Marriage Act | KQED","description":"The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\r\n\r\nThe justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\r\n\r\nThe court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\r\n\r\nThe cases probably will be argued in March, with decisions expected by late June. Full AP story here","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court to Review Prop. 8, Defense of Marriage Act","datePublished":"2012-12-07T23:45:50.000Z","dateModified":"2014-04-29T01:00:52.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"81802 http://ww2.kqed.org/news/?p=81802","disqusUrl":"https://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/","disqusTitle":"Supreme Court to Review Prop. 8, Defense of Marriage Act","path":"/news/81802/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>From AP:\u003c/p>\n\u003cblockquote>\u003cp>WASHINGTON (AP) — The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\u003c/p>\n\u003cp>The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\u003c/p>\n\u003cp>The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\u003c/p>\n\u003cp>The cases probably will be argued in March, with decisions expected by late June. \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/#AP\">Full AP story here\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_81808\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-medium wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203-300x186.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"300\" height=\"186\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update 1:25 p.m.\u003c/strong> Interesting entry from \u003ca href=\"http://www.scotusblog.com/2012/12/live-blog-anticipating-orders-hopefully-regarding-same-sex-marriage-sponsored-by-bloomberg-law/\" target=\"_blank\">SCOTUSblog live analysis\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>There is a good deal of complexity in the marriage orders, but the bottom line is this: the Court has offered to rule on Prop. 8 and on DOMA Section 3, but it also has given itself a way not to decide either case. That probably depends upon how eager the Justices are to get to the merits; if they are having trouble getting to 5 on the merits, they may just opt out through one of the procedural devices they have offered up as potentials.\u003c/p>\u003c/blockquote>\n\u003cp>In a conversation with Scott Shafer today, UC Davis law professor Vik Amar addressed this issue: \u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>AMAR\u003c/strong>: Remember, the Supreme Court today asked the parties to brief another question, which has been looming throughout, and that is whether the sponsors to Prop. 8 are proper parties to defend the measure in federal court. The Supreme Court signaled that his case may go away on standing grounds. And the court may never reach the merits at all, if it’s not convinced that the sponsors are appropriate defendants to the court.\u003c/p>\n\u003cp>\u003cstrong>SHAFER\u003c/strong>: I believe they also asked that question in the DOMA case they took up, that question of standing.\u003c/p>\n\u003cp>\u003cstrong>AMAR\u003c/strong>: They did, because the Obama Administration has declined to defend the DOMA, the federal statute, and in fact agrees with the lower courts that it’s unconstitutional, which led the House of Representatives to hire its own outside lawyers headed by Paul Clement. And the court today wondered aloud, and asked the parties to brief whether Paul Clement and his group is a proper party to defend DOMA. Now that’s even more arresting than them asking whether the Prop. 8 sponsors have standing, because there are a lot of cases in which Congress has been allowed to defend federal statutes where the president has not.\u003c/p>\n\u003cp>(I)f the justices were to say there is no one to defend Congress’s work product when the president doesn’t, that really opens up the door to broad presidential powers to essentially ignore and thus undermine what Congress does.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 1:40 p.m.\u003c/strong> Another interesting wrinkle...from the \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2012/11/am-alert-is-proposition-8-referendum-in-the-cards-for-california.html\" target=\"_blank\">Sacramento Bee\u003c/a>, Nov 15:\u003c/p>\n\u003cblockquote>\u003cp>During a chat with The Bee's editorial board Wednesday, Steinberg said he could envision the Democrat-controlled Legislature using its new-found two-thirds majority power to put a gay-marriage referendum on a future statewide ballot.\u003c/p>\n\u003cp>\"Depending upon what the Supreme Court might or might not do with Proposition 8, in coalition with stakeholders and the gay and lesbian leadership, if it were appropriate and necessary to put a repeal of Prop. 8 on the ballot with our two-thirds supermajority, I would be open to that,\" the Sacramento Democrat said.\u003c/p>\n\u003cdiv>\u003c/div>\n\u003c/blockquote>\n\u003cp>In Nov 2008, Californians passed Prop 8 by 52 percent to 48 percent. But a May 2012 \u003ca href=\"http://www.ppic.org/main/publication_show.asp?i=1012\" target=\"_blank\">PPIC poll\u003c/a> found that Californians supported same-sex marriage by 54-40 percent. More on the changing views of Californians on this issue from that poll:\u003c/p>\n\u003cblockquote>\u003cp>In October 2008, a majority of older Californians opposed same-sex marriage (34% in favor, 58% opposed); they are now closely divided (45% favor, 47% oppose). Support has grown 15 points among younger Californians, age 18–34 (from 53% to 68%). Majorities of both women (53%, up slightly from 47% in 2008) and men (55%, up 13 points) now support same-sex marriage. In their 2008 campaign, Proposition 8 proponents appealed to parents by claiming that if same-sex marriage remained legal, it would be taught in schools. A majority of parents expressed opposition at the time (42% in favor, 54% opposed), but the opinion gap has since narrowed (46% in favor, 47% opposed). Support for same-sex marriage has increased somewhat among whites (from 50% in 2008 to 59% in 2012) and Latinos (from 36% to 43%).\u003c/p>\u003c/blockquote>\n\u003cp>You'll recall that in the November election, Maine voters approved same-sex marriage just a few years after banning it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meaning that even if the Supreme Court reverses the 9th Circuit's decision, we \u003cem>still\u003c/em> may have not heard the last on this issue.\u003c/p>\n\u003cp>\u003cstrong>Update 2:45 p.m.\u003c/strong> California Attorney General Kamala Harris says she will lead attorneys general nationwide in drafting a brief in support of same-sex marriage for the Prop 8 SCOTUS case. You can \u003ca href=\"https://soundcloud.com/kqed/calif-attorney-general-kamala\">listen to her speaking at San Francisco City Hall today here\u003c/a>...\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F70396796&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 4:00 p.m.\u003c/strong> Here is the \u003ca href=\"https://soundcloud.com/kqed/raw-audio-attorneys-who\" target=\"_blank\">audio of today's press conference\u003c/a> by the American Foundation for Equal Rights, which is sponsoring the legal challenge to Proposition 8. \u003c/p>\n\u003cp>\"We got involved in this case two-and-a-half years ago because we wanted to get married and we were being discriminated against, along with thousands of other gays and lesbians,\" said plainfiff Jeff Zarillo. \"This is why we have a court system, this is why we have a judicial system. They have a job to step in when the rights of the minority are being oppressed by the majority.\"\u003c/p>\n\u003cp>Said attorney Ted Boutros: \"We really believe we have the best possible record for the Supreme Court to look at. It's never going to happen again where the lead expert witness in one of these cases switches sides and agrees with the position on marriage equality. It really couldn't be a better situation.\" Boutros was referring to the Institute for American Values' David Blankenhorn, who renounced his testimony in favor of Proposition 8 in a \u003ca href=\"http://www.nytimes.com/2012/06/23/opinion/how-my-view-on-gay-marriage-changed.html\" target=\"_blank\">New York Times op-ed piece\u003c/a> in June. \u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F70394781&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 4:45 p.m.\u003c/strong> KQED's Kat Snow today talked to Byron Babione, senior counsel with the Alliance Defending Freedom, part of the legal team defending Proposition 8. \u003c/p>\n\u003cp>Responding to the court's orders today, Babione said, \"We believe the Supreme Court will recognize that marriage between a man and a woman is a universal good that diverse cultures and faiths have honored throughout the history of western civilization. And that it serves substantial and compelling government purposes and is therefore constitutional.\u003c/p>\n\u003cp>\"Marriage has always been society's mechanism for regulating opposite-sex sex, because it results in procreation, accidental procreation, spontaneous conception. And so society needs a mechanism to address that. And of course opposite-sex couples implicate the state's interest in responsible procreation. And while it is no slight to same-sex couples, same-sex couples do not implicate the interest that society has in marriage, which is to make sure that mothers and fathers who have children raise those children together.\" \u003c/p>\n\u003cp>\u003ca name=\"AP\">\u003c/a>\u003c/p>\n\u003cp>\u003cem>Full AP report\u003c/em>:\u003c/p>\n\u003cp>WASHINGTON (AP) — The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.\u003c/p>\n\u003cp>The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.\u003c/p>\n\u003cp>The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.\u003c/p>\n\u003cp>The cases probably will be argued in March, with decisions expected by late June.\u003c/p>\n\u003cp>Gay marriage is legal, or will be soon, in nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington — and the District of Columbia. Federal courts in California have struck down the state's constitutional ban on same-sex marriage, but that ruling has not taken effect while the issue is being appealed.\u003c/p>\n\u003cp>Voters in Maine, Maryland and Washington approved gay marriage earlier this month.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.scotusblog.com/2012/12/live-blog-anticipating-orders-hopefully-regarding-same-sex-marriage-sponsored-by-bloomberg-law/\">\u003cstrong>SCOTUSblog coverage\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/orders/courtorders/120712zr_3f14.pdf\" target=\"_blank\">\u003cstrong>Friday's SCOTUS order list\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5075187&ct=12526975¬oc=1\">\u003cstrong>National Organization for Marriage statement\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/#time\">\u003cstrong>Timeline: Same-sex marriage in California\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>\tBut 31 states have amended their constitutions to prohibit same-sex marriage. North Carolina was the most recent example in May. In Minnesota earlier this month, voters defeated a proposal to enshrine a ban on gay marriage in that state's constitution.\u003c/p>\n\u003cp>The biggest potential issue before the justices comes in the dispute over California's Proposition 8, the state constitutional ban on gay marriage that voters adopted in 2008 after the state Supreme Court ruled that gay Californians could marry. The case could allow the justices to decide whether the U.S. Constitution's guarantee of equal protection means that the right to marriage cannot be limited to heterosexuals.\u003c/p>\n\u003cp>A decision in favor of gay marriage could set a national rule and overturn every state constitutional provision and law banning same-sex marriages. A ruling that upheld California's ban would be a setback for gay marriage proponents in the nation's largest state, although it would leave open the state-by-state effort to allow gays and lesbians to marry.\u003c/p>\n\u003cp>In striking down Proposition 8, the 9th U.S. Circuit Court of Appeals crafted a narrow ruling that said because gay Californians already had been given the right to marry, the state could not later take it away. The ruling studiously avoided any sweeping pronouncements.\u003c/p>\n\u003cp>The larger constitutional issue almost certainly will be presented to the court, but the justices would not necessarily have to rule on it.\u003c/p>\n\u003cp>The other issue the high court will take on involves a provision of the Defense of Marriage Act, known by its acronym DOMA, which defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.\u003c/p>\n\u003cp>Four federal district courts and two appeals courts struck down the provision.\u003c/p>\n\u003cp>The justices chose for their review the case of 83-year-old Edith Windsor, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.\u003c/p>\n\u003cp>Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.\u003c/p>\n\u003cp>There is no dispute that if Windsor had been married to a man, her estate tax bill would have been $0.\u003c/p>\n\u003cp>The 2nd U.S. Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection.\u003c/p>\n\u003cp>\u003ca name=\"time\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Timeline: Same-sex marriage in California\u003c/em>\u003c/p>\n\u003cdiv class=\"dipity_embed\" style=\"width: 600px\">\u003ciframe style=\"border: 1px solid #CCC\" src=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/?mode=embed&z=10yr#tl\" width=\"600\" height=\"400\">\u003c/iframe>\n\u003cp style=\"margin: 0;font-family: Arial,sans;font-size: 13px;text-align: center\">\u003ca href=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/\">Same-Sex Marriage in California\u003c/a> on \u003ca href=\"http://www.dipity.com/\">Dipity\u003c/a>.\u003c/p>\n\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/81802/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban","authors":["236"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_82","news_126","news_322"],"label":"news_6944"},"news_81815":{"type":"posts","id":"news_81815","meta":{"index":"posts_1591205157","site":"news","id":"81815","score":null,"sort":[1354547993000]},"guestAuthors":[],"slug":"no-supreme-court-action-on-same-sex-marriage-this-morning-announcement-may-come-friday","title":"No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday","publishDate":1354547993,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_81808\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-full wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"640\" height=\"398\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>Same-sex marriage was not on the U.S. Supreme Court's \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\" target=\"_blank\">list of orders\u003c/a> when it was released at about 9:30 a.m. That means we'll have to wait until Friday to find out if the high court will review the case concerning Prop 8, California's voter-approved ban on gay marriage.\u003c/p>\n\u003cp>An appeals court previously upheld a lower court's ruling that invalidated Proposition 8. That is one of two laws involving same-sex marriage that the high court may review next spring. The court is also weighing overturning the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return.\u003c/p>\n\u003cp>The Supreme Court will announce whether or not it will review the cases in a list of orders. \"The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders,\" the Supreme Court website \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\">states\u003c/a>. \"Such an order will, for example, deny a petition... without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but 'miscellaneous' orders may be issued in individual cases at any time.\"\u003c/p>\n\u003cp>The next announcement of miscellaneous orders is expected Friday, when the Supreme Court also will hold its final conference of 2012 to discuss petitions from those asking the high court to review cases. SCOTUSblog, a Bloomberg Law-sponsored blog covering the court, \u003ca href=\"https://twitter.com/SCOTUSblog/status/275616145120301056\">tweeted\u003c/a> that the court \"is almost sure to act on same-sex marriage late this Friday afternoon so it can hear arguments this March.\"\u003c/p>\n\u003cp>Want to learn more about the case while you wait for the announcement? Here are some resources you may want to check out.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/11/30/awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court/\">Clarifying What's Before the Court\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/11/28/u-s-supreme-court-and-proposition-8-end-of-the-road-or-next-chapter/\">End of the Road or Next Chapter for Prop. 8?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://blogs.kqed.org/prop8/\">KQED's Prop. 8 blog\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">KQED's Prop. 8 special\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://en.wikipedia.org/wiki/California_Proposition_8\">Wikipedia's summary of Prop. 8\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\">Supreme Court Orders\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.scotusblog.com/?s=same+sex+marriage&searchsubmit=Blog\">SCOTUSblog coverage of same-sex marriage\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://twitter.com/scotusblog\">SCOTUSblog on Twitter\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"\u003ca href=\"http://ww2.kqed.org/news/files/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-full wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/files/2012/12/scotusng20121203.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"640\" height=\"398\" style=\"padding: 10px 10px 10px 10px\" align=\"left\" />\u003c/a>\r\n\r\nSame-sex marriage was not on the U.S. Supreme Court's \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\" target=\"_blank\">list of orders\u003c/a> when it was released at about 9:30 a.m. That means we'll have to wait until Friday to find out if the high court will review the case concerning Prop 8, California's voter-approved ban on gay marriage.\r\n\r\nAn appeals court previously upheld a lower court's ruling that invalidated Proposition 8. That is one of two laws involving same-sex marriage that the high court may review next spring. The court is also weighing overturning the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return.\r\n\r\nThe Supreme Court will announce whether or not it will review the cases in a list of orders. \"The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders,\" the Supreme Court website \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\">states\u003c/a>. \"Such an order will, for example, deny a petition... without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but 'miscellaneous' orders may be issued in individual cases at any time.\"","status":"publish","parent":0,"modified":1398733254,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":360},"headData":{"title":"No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday | KQED","description":"\r\n\r\nSame-sex marriage was not on the U.S. Supreme Court's list of orders when it was released at about 9:30 a.m. That means we'll have to wait until Friday to find out if the high court will review the case concerning Prop 8, California's voter-approved ban on gay marriage.\r\n\r\nAn appeals court previously upheld a lower court's ruling that invalidated Proposition 8. That is one of two laws involving same-sex marriage that the high court may review next spring. The court is also weighing overturning the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return.\r\n\r\nThe Supreme Court will announce whether or not it will review the cases in a list of orders. "The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders," the Supreme Court website states. "Such an order will, for example, deny a petition... without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but 'miscellaneous' orders may be issued in individual cases at any time."","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday","datePublished":"2012-12-03T15:19:53.000Z","dateModified":"2014-04-29T01:00:54.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"81815 http://ww2.kqed.org/news/?p=81815","disqusUrl":"https://ww2.kqed.org/news/2012/12/03/no-supreme-court-action-on-same-sex-marriage-this-morning-announcement-may-come-friday/","disqusTitle":"No Supreme Court Action on Same-Sex Marriage This Morning; Announcement May Come Friday","path":"/news/81815/no-supreme-court-action-on-same-sex-marriage-this-morning-announcement-may-come-friday","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_81808\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\">\u003cimg class=\"size-full wp-image-81808\" title=\"The U.S. Supreme Court Building\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/scotusng20121203.jpg\" alt=\"The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\" width=\"640\" height=\"398\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>Same-sex marriage was not on the U.S. Supreme Court's \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\" target=\"_blank\">list of orders\u003c/a> when it was released at about 9:30 a.m. That means we'll have to wait until Friday to find out if the high court will review the case concerning Prop 8, California's voter-approved ban on gay marriage.\u003c/p>\n\u003cp>An appeals court previously upheld a lower court's ruling that invalidated Proposition 8. That is one of two laws involving same-sex marriage that the high court may review next spring. The court is also weighing overturning the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return.\u003c/p>\n\u003cp>The Supreme Court will announce whether or not it will review the cases in a list of orders. \"The vast majority of cases filed in the Supreme Court are disposed of summarily by unsigned orders,\" the Supreme Court website \u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\">states\u003c/a>. \"Such an order will, for example, deny a petition... without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but 'miscellaneous' orders may be issued in individual cases at any time.\"\u003c/p>\n\u003cp>The next announcement of miscellaneous orders is expected Friday, when the Supreme Court also will hold its final conference of 2012 to discuss petitions from those asking the high court to review cases. SCOTUSblog, a Bloomberg Law-sponsored blog covering the court, \u003ca href=\"https://twitter.com/SCOTUSblog/status/275616145120301056\">tweeted\u003c/a> that the court \"is almost sure to act on same-sex marriage late this Friday afternoon so it can hear arguments this March.\"\u003c/p>\n\u003cp>Want to learn more about the case while you wait for the announcement? Here are some resources you may want to check out.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/11/30/awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court/\">Clarifying What's Before the Court\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/11/28/u-s-supreme-court-and-proposition-8-end-of-the-road-or-next-chapter/\">End of the Road or Next Chapter for Prop. 8?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://blogs.kqed.org/prop8/\">KQED's Prop. 8 blog\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">KQED's Prop. 8 special\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://en.wikipedia.org/wiki/California_Proposition_8\">Wikipedia's summary of Prop. 8\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.supremecourt.gov/orders/ordersofthecourt.aspx\">Supreme Court Orders\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.scotusblog.com/?s=same+sex+marriage&searchsubmit=Blog\">SCOTUSblog coverage of same-sex marriage\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://twitter.com/scotusblog\">SCOTUSblog on Twitter\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/81815/no-supreme-court-action-on-same-sex-marriage-this-morning-announcement-may-come-friday","authors":["11430"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_82","news_126","news_322"],"label":"news_6944"},"news_81629":{"type":"posts","id":"news_81629","meta":{"index":"posts_1591205157","site":"news","id":"81629","score":null,"sort":[1354335001000]},"guestAuthors":[],"slug":"awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court","title":"Awaiting SCOTUS on Same-Sex Marriage: Clarifying What's Before the Court","publishDate":1354335001,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The U.S. Supreme Court is considering whether to review two sets of decisions by lower courts involving same-sex marriage. Despite widespread anticipation, the court did not announce today whether or not it would hear the cases, so everyone will have to wait till at least Monday.\u003c/p>\n\u003cfigure id=\"attachment_81634\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/same-sex-marriage-supreme-court1.jpg\">\u003cimg class=\"size-medium wp-image-81634\" title=\"Supreme Court Decides Whether Of Not To Review Challenge Of California's Prop 8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/same-sex-marriage-supreme-court1-300x200.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A same-sex marriage protester before the U.S. Supreme Court. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>One set of rulings the court is weighing overturned the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return. In the other case, an appeals court upheld a lower court's ruling that invalidated California’s Proposition 8, which bans same-sex marriage.\u003c/p>\n\u003cp>KQED’s Scott Shafer interviewed Vikram Amar, a constitutional law expert at the University of California, Davis, to get a better idea of what issues are at play in the court's decision of whether to take up the matter of same-sex marriage. Edited transcript...\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer:\u003c/strong> What is the standard the Supreme Court uses for granting review of a lower court’s ruling?\u003c/p>\n\u003cp>\u003cstrong>UC Davis law professor Vik Amar:\u003c/strong> A very small percentage of cases in which review is sought are granted certiorari, or review. They get 7-8,000 petitions a year and they grant maybe eight. So you are talking about maybe one in a hundred. Cases that involve national issues and cases that involve a statute of Congress, or cases in which a statute or initiative of a big state like California have been struck down by a lower court stand a much better chance of getting the Supreme Court’s attention.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The two most important factors the court looks at are how important is this issue and how much confusion or variant is there in the way lower courts are dealing with it. In those cases, it’s going to grant review even if it thinks the lower court got the decision right. So it’s not about doing justice in an individual case, it’s about clarifying questions in constitutional law.\u003c/p>\n\u003cp>\u003c!--more-->\u003cstrong>Scott Shafer\u003c/strong>: By this standard how strong is the case for taking up the Prop. 8 issue?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: Judged by that standard, the Prop. 8 case has a very strong argument for review, probably not as strong as the DOMA cases out of the First Circuit, because in those cases a federal court of appeal struck down an act of Congress.\u003c/p>\n\u003cp>In the Ninth Circuit Prop. 8 case, a court struck down an act of California. And while California is incredibly important, it’s not quite on the level of a federal statute. So I think if the court were granting review of only one law, I would expect it to grant review of the DOMA cases.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: What would be the argument for combining not just the DOMA cases but DOMA with Prop. 8?\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think some members of the court don’t want to issue rulings that with the hindsight of 10 or 12 years look anachronistic and look like they mispredicted the arc of history. But at the same time some members of the court don’t want to get too far ahead and make predictions that may not turn out to be true, which is why in general the court likes to wait and see how these issues play out in political circles for some period of time...\u003cbr>\n--UC Davis Law Prof. Vik Amar\n\u003c/aside>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: They could do that to get a better idea of the different sides of the same-sex marriage controversy. Remember in the DOMA cases the question posed is whether the federal government has to recognize people who are married under a state law that permits same-sex marriage. So in those cases, same-sex couples are not arguing that there is an affirmative constitutional right to get married. They are just saying, “If the state I live in accepts it, then you the federal government should accept it for the purpose of benefits as well.”\u003c/p>\n\u003cp>The Ninth Circuit court tried to limit its reasoning on Prop 8 so it wouldn’t call into question bans that other states have on same-sex marriage, because those bans are different than Prop. 8 in certain respects. But I don’t think the court is going to find that limiting aspect of the Ninth Circuit opinion in the Prop. 8 case persuasive.\u003c/p>\n\u003cp>So in some sense the DOMA cases are narrower than the Prop. 8 case, but in another aspect the Prop. 8 case is narrower because it’s a California statute. So you could argue that the court should take one or the other. But you could also argue that the court should take both so it could have the full range of issues concerning same-sex marriage before it when it decides to weigh in on same-sex marriage.\u003c/p>\n\u003cp>If the court takes the Prop 8 case it could do all kinds of things with it. It could decide that the Prop. 8 sponsors lack standing in federal court and erase the whole Prop. 8 litigation on that basis, which would leave same-sex couples in California free to get married because neither the governor nor the attorney general is going to stop them. But it wouldn’t really provide a judicial ruling in favor of same-sex marriage the way the Ninth Circuit opinion did.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: So if they did that, would it only apply to just the four plaintiffs? I know there was an argument earlier that this wasn’t a class action.\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: So in legal technicality, the only couples who would have a right to marry would be those who sued to marry in Vaughn Walker’s court. But since we know that the governor and the current attorney general are going to take the same position that Gov. Schwarzenegger and then-Attorney General Brown took in not defending Prop. 8, then any other same-sex couple could file suit, and this one could be a class-action suit, and we know what the result would be. It’s just a matter of a little time and a little process.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: Looking at the big picture here, how has the legal landscape changed since 2008 when Prop. 8 first passed?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think the legal landscape has changed in that you have courts of appeal having struck down DOMA, and you have the Ninth Circuit court that has struck down a state’s ban on same-sex marriage.\u003c/p>\n\u003cp>These decisions by federal courts of appeal are the first of their kind arguing in favor of at least some kinds of rights of same-sex couples to marry in some sets of circumstances. And that’s a dramatic difference in terms of lower court law.\u003c/p>\n\u003cp>The other thing that has changed is that you have legislatures and electorates that have weighed in in different ways. Just earlier this month we had for the first time same-sex marriage winning at the ballot box.\u003c/p>\n\u003cp>And even though strictly speaking the constitutional questions are separate from the question of whether the people of the United States in their various state legislatures and their state populaces want to have same-sex marriage, the reality is that whether there is a federal Constitutional right to something depends on the way states are resolving the questions about these things and how common or unusual is the state’s practice that is being challenged.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: In that regard, the Human Rights Campaign is running ads in Washington D.C. They are not aimed at the Supreme Court specifically. But the judges presumably watch TV from time to time, and hopefully listen to the radio. Do you think this has any impact on them?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think some members of the court don’t want to issue rulings that with the hindsight of 10 or 12 years look anachronistic and look like they mispredicted the arc of history. But at the same time some members of the court don’t want to get too far ahead and make predictions that may not turn out to be true, which is why in general the court likes to wait and see how these issues play out in political circles for some period of time and not have to weigh in before the trend lines are clear.\u003c/p>\n\u003cp>In the case of DOMA I don’t think they can avoid taking the case because the First Circuit and now the Second Circuit have struck down a federal statute. In the case of Prop. 8 and the full frontal assault on bans on same-sex marriage, I think the court might want to wait a while before resolving that.\u003c/p>\n\u003cp>On the other hand, the conservatives on the court might think about Justice Kennedy, whose vote would be necessary in order to protect a right to same-sex marriage -- you can’t get to five votes in favor of same-sex marriage without Justice Kennedy. The conservatives might think now is the time to resolve same-sex marriage because Justice Kennedy might not be ready to proclaim any kind of national right.\u003c/p>\n\u003cp>And a decision against same-sex marriage now, if that’s what they would like Kennedy to join onto, might make it a little bit harder for the court to reverse itself in the intermediate term, even if the trend line changes with the elections in 2014 and 2016 and beyond.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: Finally if they do strike down DOMA, what difference would that make in California?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: The circuit courts ruled against DOMA on the grounds that couples in states that recognize same-sex marriage should also have federal benefits. It’s not clear that that rationale would also apply to those states in which same-sex marriage is available by virtue of a federal judicial ruling, as in California and the Ninth Circuit.\u003c/p>\n\u003cp>But putting that aside, what invalidation of DOMA at the Supreme Court level would mean is that in every state that recognizes same-sex marriage, same-sex couples in that state would be entitled to the full range of federal benefits concerning social security and survival benefits, tax consequences etc. It would harmonize federal law with state law in those states that recognize same sex unions.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: But it would not compel, say Nevada, to recognize same-sex marriage in California...\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: No. the First Circuit in its DOMA ruling was very clear that it was deciding whether the federal government had to follow the lead of those states that recognize same sex-marriage, without deciding that there was a general right to same-sex marriage that compels states that haven’t already recognized it to do so.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: What do you think is the most likely scenario?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think it would be extremely unlikely for the court to grant review of Prop. 8 and not DOMA. I think it would also be extremely unlikely for the court to deny the Prop. 8 case altogether -- that is, to just leave the Ninth Circuit decision alone. I think they will either grant cert in both the DOMA and the Prop. 8 case, or perhaps more likely they will grant it in the DOMA case and sit on the Prop. 8 case, and we won’t know what they’re going to do with that until after they resolve DOMA.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>End of interview, and if you read this far you're probably ready to take the California Bar Exam\u003c/em>. \u003cem>We'll see what happens next week.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1398733255,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1999},"headData":{"title":"Awaiting SCOTUS on Same-Sex Marriage: Clarifying What's Before the Court | KQED","description":"The U.S. Supreme Court is considering whether to review two sets of decisions by lower courts involving same-sex marriage. Despite widespread anticipation, the court did not announce today whether or not it would hear the cases, so everyone will have to wait till at least Monday. One set of rulings the court is weighing overturned","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Awaiting SCOTUS on Same-Sex Marriage: Clarifying What's Before the Court","datePublished":"2012-12-01T04:10:01.000Z","dateModified":"2014-04-29T01:00:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"81629 http://ww2.kqed.org/news/?p=81629","disqusUrl":"https://ww2.kqed.org/news/2012/11/30/awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court/","disqusTitle":"Awaiting SCOTUS on Same-Sex Marriage: Clarifying What's Before the Court","path":"/news/81629/awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court is considering whether to review two sets of decisions by lower courts involving same-sex marriage. Despite widespread anticipation, the court did not announce today whether or not it would hear the cases, so everyone will have to wait till at least Monday.\u003c/p>\n\u003cfigure id=\"attachment_81634\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/same-sex-marriage-supreme-court1.jpg\">\u003cimg class=\"size-medium wp-image-81634\" title=\"Supreme Court Decides Whether Of Not To Review Challenge Of California's Prop 8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/same-sex-marriage-supreme-court1-300x200.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A same-sex marriage protester before the U.S. Supreme Court. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>One set of rulings the court is weighing overturned the Defense of Marriage Act, or DOMA, a federal law that defines marriage as the legal union of one man and one woman for the purposes of legal recognition and receipt of benefits, such as the ability to file a joint tax return. In the other case, an appeals court upheld a lower court's ruling that invalidated California’s Proposition 8, which bans same-sex marriage.\u003c/p>\n\u003cp>KQED’s Scott Shafer interviewed Vikram Amar, a constitutional law expert at the University of California, Davis, to get a better idea of what issues are at play in the court's decision of whether to take up the matter of same-sex marriage. Edited transcript...\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer:\u003c/strong> What is the standard the Supreme Court uses for granting review of a lower court’s ruling?\u003c/p>\n\u003cp>\u003cstrong>UC Davis law professor Vik Amar:\u003c/strong> A very small percentage of cases in which review is sought are granted certiorari, or review. They get 7-8,000 petitions a year and they grant maybe eight. So you are talking about maybe one in a hundred. Cases that involve national issues and cases that involve a statute of Congress, or cases in which a statute or initiative of a big state like California have been struck down by a lower court stand a much better chance of getting the Supreme Court’s attention.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The two most important factors the court looks at are how important is this issue and how much confusion or variant is there in the way lower courts are dealing with it. In those cases, it’s going to grant review even if it thinks the lower court got the decision right. So it’s not about doing justice in an individual case, it’s about clarifying questions in constitutional law.\u003c/p>\n\u003cp>\u003c!--more-->\u003cstrong>Scott Shafer\u003c/strong>: By this standard how strong is the case for taking up the Prop. 8 issue?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: Judged by that standard, the Prop. 8 case has a very strong argument for review, probably not as strong as the DOMA cases out of the First Circuit, because in those cases a federal court of appeal struck down an act of Congress.\u003c/p>\n\u003cp>In the Ninth Circuit Prop. 8 case, a court struck down an act of California. And while California is incredibly important, it’s not quite on the level of a federal statute. So I think if the court were granting review of only one law, I would expect it to grant review of the DOMA cases.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: What would be the argument for combining not just the DOMA cases but DOMA with Prop. 8?\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think some members of the court don’t want to issue rulings that with the hindsight of 10 or 12 years look anachronistic and look like they mispredicted the arc of history. But at the same time some members of the court don’t want to get too far ahead and make predictions that may not turn out to be true, which is why in general the court likes to wait and see how these issues play out in political circles for some period of time...\u003cbr>\n--UC Davis Law Prof. Vik Amar\n\u003c/aside>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: They could do that to get a better idea of the different sides of the same-sex marriage controversy. Remember in the DOMA cases the question posed is whether the federal government has to recognize people who are married under a state law that permits same-sex marriage. So in those cases, same-sex couples are not arguing that there is an affirmative constitutional right to get married. They are just saying, “If the state I live in accepts it, then you the federal government should accept it for the purpose of benefits as well.”\u003c/p>\n\u003cp>The Ninth Circuit court tried to limit its reasoning on Prop 8 so it wouldn’t call into question bans that other states have on same-sex marriage, because those bans are different than Prop. 8 in certain respects. But I don’t think the court is going to find that limiting aspect of the Ninth Circuit opinion in the Prop. 8 case persuasive.\u003c/p>\n\u003cp>So in some sense the DOMA cases are narrower than the Prop. 8 case, but in another aspect the Prop. 8 case is narrower because it’s a California statute. So you could argue that the court should take one or the other. But you could also argue that the court should take both so it could have the full range of issues concerning same-sex marriage before it when it decides to weigh in on same-sex marriage.\u003c/p>\n\u003cp>If the court takes the Prop 8 case it could do all kinds of things with it. It could decide that the Prop. 8 sponsors lack standing in federal court and erase the whole Prop. 8 litigation on that basis, which would leave same-sex couples in California free to get married because neither the governor nor the attorney general is going to stop them. But it wouldn’t really provide a judicial ruling in favor of same-sex marriage the way the Ninth Circuit opinion did.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: So if they did that, would it only apply to just the four plaintiffs? I know there was an argument earlier that this wasn’t a class action.\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: So in legal technicality, the only couples who would have a right to marry would be those who sued to marry in Vaughn Walker’s court. But since we know that the governor and the current attorney general are going to take the same position that Gov. Schwarzenegger and then-Attorney General Brown took in not defending Prop. 8, then any other same-sex couple could file suit, and this one could be a class-action suit, and we know what the result would be. It’s just a matter of a little time and a little process.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: Looking at the big picture here, how has the legal landscape changed since 2008 when Prop. 8 first passed?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think the legal landscape has changed in that you have courts of appeal having struck down DOMA, and you have the Ninth Circuit court that has struck down a state’s ban on same-sex marriage.\u003c/p>\n\u003cp>These decisions by federal courts of appeal are the first of their kind arguing in favor of at least some kinds of rights of same-sex couples to marry in some sets of circumstances. And that’s a dramatic difference in terms of lower court law.\u003c/p>\n\u003cp>The other thing that has changed is that you have legislatures and electorates that have weighed in in different ways. Just earlier this month we had for the first time same-sex marriage winning at the ballot box.\u003c/p>\n\u003cp>And even though strictly speaking the constitutional questions are separate from the question of whether the people of the United States in their various state legislatures and their state populaces want to have same-sex marriage, the reality is that whether there is a federal Constitutional right to something depends on the way states are resolving the questions about these things and how common or unusual is the state’s practice that is being challenged.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: In that regard, the Human Rights Campaign is running ads in Washington D.C. They are not aimed at the Supreme Court specifically. But the judges presumably watch TV from time to time, and hopefully listen to the radio. Do you think this has any impact on them?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think some members of the court don’t want to issue rulings that with the hindsight of 10 or 12 years look anachronistic and look like they mispredicted the arc of history. But at the same time some members of the court don’t want to get too far ahead and make predictions that may not turn out to be true, which is why in general the court likes to wait and see how these issues play out in political circles for some period of time and not have to weigh in before the trend lines are clear.\u003c/p>\n\u003cp>In the case of DOMA I don’t think they can avoid taking the case because the First Circuit and now the Second Circuit have struck down a federal statute. In the case of Prop. 8 and the full frontal assault on bans on same-sex marriage, I think the court might want to wait a while before resolving that.\u003c/p>\n\u003cp>On the other hand, the conservatives on the court might think about Justice Kennedy, whose vote would be necessary in order to protect a right to same-sex marriage -- you can’t get to five votes in favor of same-sex marriage without Justice Kennedy. The conservatives might think now is the time to resolve same-sex marriage because Justice Kennedy might not be ready to proclaim any kind of national right.\u003c/p>\n\u003cp>And a decision against same-sex marriage now, if that’s what they would like Kennedy to join onto, might make it a little bit harder for the court to reverse itself in the intermediate term, even if the trend line changes with the elections in 2014 and 2016 and beyond.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: Finally if they do strike down DOMA, what difference would that make in California?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: The circuit courts ruled against DOMA on the grounds that couples in states that recognize same-sex marriage should also have federal benefits. It’s not clear that that rationale would also apply to those states in which same-sex marriage is available by virtue of a federal judicial ruling, as in California and the Ninth Circuit.\u003c/p>\n\u003cp>But putting that aside, what invalidation of DOMA at the Supreme Court level would mean is that in every state that recognizes same-sex marriage, same-sex couples in that state would be entitled to the full range of federal benefits concerning social security and survival benefits, tax consequences etc. It would harmonize federal law with state law in those states that recognize same sex unions.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: But it would not compel, say Nevada, to recognize same-sex marriage in California...\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: No. the First Circuit in its DOMA ruling was very clear that it was deciding whether the federal government had to follow the lead of those states that recognize same sex-marriage, without deciding that there was a general right to same-sex marriage that compels states that haven’t already recognized it to do so.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>: What do you think is the most likely scenario?\u003c/p>\n\u003cp>\u003cstrong>Vikram Amar\u003c/strong>: I think it would be extremely unlikely for the court to grant review of Prop. 8 and not DOMA. I think it would also be extremely unlikely for the court to deny the Prop. 8 case altogether -- that is, to just leave the Ninth Circuit decision alone. I think they will either grant cert in both the DOMA and the Prop. 8 case, or perhaps more likely they will grant it in the DOMA case and sit on the Prop. 8 case, and we won’t know what they’re going to do with that until after they resolve DOMA.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>End of interview, and if you read this far you're probably ready to take the California Bar Exam\u003c/em>. \u003cem>We'll see what happens next week.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/81629/awaiting-scotus-on-same-sex-marriage-clarifying-whats-before-the-court","authors":["1367"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_82","news_126","news_322"],"label":"news_6944"},"news_66766":{"type":"posts","id":"news_66766","meta":{"index":"posts_1591205157","site":"news","id":"66766","score":null,"sort":[1338477972000]},"guestAuthors":[],"slug":"federal-appeals-court-rules-defense-of-marriage-act-unconstitutional","title":"Federal Appeals Court Rules Defense of Marriage Act Unconstitutional","publishDate":1338477972,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/05/09/obama-declares-support-for-gay-marriage/\">\u003cstrong>Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married'\u003c/strong>\u003c/a>\n\u003c/li>\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on repealing DOMA\u003c/strong>\u003c/a> (KQED Forum)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.\u003c/p>\n\u003cp>The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.\u003c/p>\n\u003cp>The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. \u003c!--more-->\u003c/p>\n\u003cp>The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.\u003c/p>\n\u003cp>That's because the ruling only applies to states within the circuit, including Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional.\u003c/p>\n\u003cp>During arguments before the court last month, a lawyer for gay married couples said the law amounts to ``across-the-board disrespect.'' The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.\u003c/p>\n\u003cp>An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.\u003c/p>\n\u003cp>Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.\u003c/p>\n\u003cp>Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.\u003c/p>\n\u003cp>Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as ``a different class'' by making them ineligible for benefits given to other married couples.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>``We've been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary,'' said Lee Swislow, GLAD's executive director. \u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1338478346,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":633},"headData":{"title":"Federal Appeals Court Rules Defense of Marriage Act Unconstitutional | KQED","description":"BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court. Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married' Debate on repealing DOMA (KQED Forum)","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Appeals Court Rules Defense of Marriage Act Unconstitutional","datePublished":"2012-05-31T15:26:12.000Z","dateModified":"2012-05-31T15:32:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"66766 http://ww2.kqed.org/news/?p=66766","disqusUrl":"https://ww2.kqed.org/news/2012/05/31/federal-appeals-court-rules-defense-of-marriage-act-unconstitutional/","disqusTitle":"Federal Appeals Court Rules Defense of Marriage Act Unconstitutional","path":"/news/66766/federal-appeals-court-rules-defense-of-marriage-act-unconstitutional","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/05/09/obama-declares-support-for-gay-marriage/\">\u003cstrong>Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married'\u003c/strong>\u003c/a>\n\u003c/li>\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on repealing DOMA\u003c/strong>\u003c/a> (KQED Forum)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.\u003c/p>\n\u003cp>The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.\u003c/p>\n\u003cp>The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. \u003c!--more-->\u003c/p>\n\u003cp>The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.\u003c/p>\n\u003cp>That's because the ruling only applies to states within the circuit, including Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional.\u003c/p>\n\u003cp>During arguments before the court last month, a lawyer for gay married couples said the law amounts to ``across-the-board disrespect.'' The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.\u003c/p>\n\u003cp>An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.\u003c/p>\n\u003cp>Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.\u003c/p>\n\u003cp>Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.\u003c/p>\n\u003cp>Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as ``a different class'' by making them ineligible for benefits given to other married couples.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>``We've been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary,'' said Lee Swislow, GLAD's executive director. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/66766/federal-appeals-court-rules-defense-of-marriage-act-unconstitutional","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_82","news_322"],"label":"news_6944"},"news_66405":{"type":"posts","id":"news_66405","meta":{"index":"posts_1591205157","site":"news","id":"66405","score":null,"sort":[1337960587000]},"guestAuthors":[],"slug":"another-federal-judge-rules-defense-of-marriage-act-unconstitutional","title":"Another Federal Judge Rules Defense of Marriage Act Unconstitutional","publishDate":1337960587,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>(Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on Repealing the Defense of Marriage Act\u003c/strong>\u003c/a> (News Fix, Jul 2011)\u003c/aside>\n\u003cp>U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance.\u003c/p>\n\u003cp>The provision of the 1996 DOMA law defines marriage as \"a legal union of a one man and one woman as husband and wife.\" \u003c/p>\n\u003cp>It has been used to bar gay and lesbian spouses from obtaining a variety of federal benefits. \u003c/p>\n\u003cp>Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was \"rationally related to a legitimate government interest.\"\u003c/p>\n\u003cp>Today's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law. \u003c!--more-->\u003c/p>\n\u003cp>U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan. \u003c/p>\n\u003cp>An appeal of White's decision by a Republican-led Congressional group is slated to be heard by the 9th U.S. Circuit Court of Appeals in San Francisco in September.\u003c/p>\n\u003cp>The group, known as the Bipartisan Legal Advisory Group, is made up of the five top leaders of the House of Representatives. It stepped into both the cases before White and Wilken after the Obama Administration said last year it will no longer defend DOMA. \u003c/p>\n\u003cp>The group's three Republican members, including Speaker John Boehner of Ohio, supported intervening in the two lawsuits to defend DOMA. Its two Democratic members, including Minority Leader Nancy Pelosi of San Francisco, opposed doing so.\u003c/p>\n\u003cp>Another decision by a federal judge in Massachusetts striking down DOMA is on appeal before a U.S. appeals court in Boston.\u003c/p>\n\u003cp>In today's ruling, Wilken also struck down a U.S. Internal Revenue Service law to the extent that it bars domestic partners from enrolling in the long-term care insurance plan offered by CalPERS. \u003c/p>\n\u003cp>She ordered CalPERS to begin allowing gay and lesbian spouses and partners to enroll in the plan, but also said she will suspend that order during an appeal if the Congressional group files an appeal.\u003c/p>\n\u003cp>Wilken had indicated, in two previous rulings in which she declined to dismiss the case, that she was likely to strike down the DOMA provision. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The government-approved long-term care insurance plan offered by CalPERS gives participants federal tax benefits. \u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1337960832,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":514},"headData":{"title":"Another Federal Judge Rules Defense of Marriage Act Unconstitutional | KQED","description":"(Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. Debate on Repealing the Defense of Marriage Act (News Fix, Jul 2011) U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Another Federal Judge Rules Defense of Marriage Act Unconstitutional","datePublished":"2012-05-25T15:43:07.000Z","dateModified":"2012-05-25T15:47:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"66405 http://ww2.kqed.org/news/?p=66405","disqusUrl":"https://ww2.kqed.org/news/2012/05/25/another-federal-judge-rules-defense-of-marriage-act-unconstitutional/","disqusTitle":"Another Federal Judge Rules Defense of Marriage Act Unconstitutional","path":"/news/66405/another-federal-judge-rules-defense-of-marriage-act-unconstitutional","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on Repealing the Defense of Marriage Act\u003c/strong>\u003c/a> (News Fix, Jul 2011)\u003c/aside>\n\u003cp>U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance.\u003c/p>\n\u003cp>The provision of the 1996 DOMA law defines marriage as \"a legal union of a one man and one woman as husband and wife.\" \u003c/p>\n\u003cp>It has been used to bar gay and lesbian spouses from obtaining a variety of federal benefits. \u003c/p>\n\u003cp>Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was \"rationally related to a legitimate government interest.\"\u003c/p>\n\u003cp>Today's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law. \u003c!--more-->\u003c/p>\n\u003cp>U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan. \u003c/p>\n\u003cp>An appeal of White's decision by a Republican-led Congressional group is slated to be heard by the 9th U.S. Circuit Court of Appeals in San Francisco in September.\u003c/p>\n\u003cp>The group, known as the Bipartisan Legal Advisory Group, is made up of the five top leaders of the House of Representatives. It stepped into both the cases before White and Wilken after the Obama Administration said last year it will no longer defend DOMA. \u003c/p>\n\u003cp>The group's three Republican members, including Speaker John Boehner of Ohio, supported intervening in the two lawsuits to defend DOMA. Its two Democratic members, including Minority Leader Nancy Pelosi of San Francisco, opposed doing so.\u003c/p>\n\u003cp>Another decision by a federal judge in Massachusetts striking down DOMA is on appeal before a U.S. appeals court in Boston.\u003c/p>\n\u003cp>In today's ruling, Wilken also struck down a U.S. Internal Revenue Service law to the extent that it bars domestic partners from enrolling in the long-term care insurance plan offered by CalPERS. \u003c/p>\n\u003cp>She ordered CalPERS to begin allowing gay and lesbian spouses and partners to enroll in the plan, but also said she will suspend that order during an appeal if the Congressional group files an appeal.\u003c/p>\n\u003cp>Wilken had indicated, in two previous rulings in which she declined to dismiss the case, that she was likely to strike down the DOMA provision. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The government-approved long-term care insurance plan offered by CalPERS gives participants federal tax benefits. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/66405/another-federal-judge-rules-defense-of-marriage-act-unconstitutional","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_893","news_82"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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