WASHINGTON, DC – The U.S. Supreme Court convenes behind closed doors on Friday, November 30, with the justices deciding whether they will take up the historic case that would determine the future—once and for all—of marriage equality in the United States.
The high court has a number of options from which the justices may choose, including whether to federally legalize gay marriage, uphold the nationwide ban under the Defense of Marriage Act (DOMA), or continue the present one-state-at-a-time formula of referenda and legislative action.
All of the marriage equality cases on the high court’s docket concern lower court rulings that called restrictions on same-sex marriage unconstitutional. Among the menu of choices for the justices to ponder are eight cases that challenge DOMA, the federal law that bars federal recognition of gay marriage and prohibits federal benefits to same-sex couples. They could also make a final ruling on the constitutionality of Proposition 8, the 2008 voter-approved ban of same-sex marriage in California.
Legal experts say that the justices will release their decisions next week. If that happens, arguments regarding the cases will be made in the spring, with a ruling on the fate of same-sex marriage expected by June, at the end of their term.
Two federal appeals court have already struck down DOMA, ruling it unconstitutional to deny federal benefits to same-sex couples in the nine states that allow gay marriage.
In the Proposition 8 case, the 9th U.S. Circuit Court of Appeals struck down the California state law in a narrow ruling that found the law unconstitutional because it stripped away the previous right of same-sex couples to marry, but avoiding deciding upon the broader legal issues.
If the Supreme Court decides against reviewing the challenge to Proposition 8, same-sex couples will have the right to legally marry in California. But the justices could permit the 9th Circuit ruling to stand, allowing gay marriages to occur in California, while avoiding a sweeping ruling that would extend marriage equality nationwide.
The Supreme Court could also decide to delay ruling on whether Prop 8’s state ban on gay marriage is unconstitutional.