Categorized | Political Desk

Tags :

Left at the Altar: Supreme Court Delays Same-Sex Marriage Orders

Posted on 06 December 2012

By JOE HARRIS

On Monday, U.S. Supreme Court put off deciding whether to get their feet wet in the murky waters of marriage equality. The justices could still plunge into the deep end this week, should they choose on Friday to take up one of the five cases that could decide the future of same-sex marriage—and therefore all marriages—in the U.S.

Last Friday, the high court met in private to consider whether or not they will review challenges to the Defense of Marriage Act (DOMA), the 1996 federal law that prohibits federal benefits for gay married couples, as well as to Proposition 8, the California state law that bans same-sex marriage.

The court meets in weekly sessions to decide the cases they will add to their agenda. The justices vote in order of seniority, and it takes just four of the nine votes to add a case to the calendar (whereas it takes five votes for them to reach a majority decision).

As we reported last week (Florida Agenda, November 28, 2012, POLITICS: “Indecent Proposition—What the Supremes Could Decide to do about DOMA and California’s Marriage Ban”), on Monday, the justices released their “orders list,” which outlines their plans regarding cases before the court. The justices’ list made no mention of cases that relate to marriage equality. They did relist those cases for further consideration at their weekly conference on Friday. Experts say that the justices will often hold more complex cases until a future conference if they need more time to consider their next actions.

For practical purposes, this means that the high court might announce after its Friday conference whether it will review any of the marriage equality appeals: That announcement could come on Friday or Monday (if the justices don’t decide to defer action yet again).

Under DOMA, the federal government defines marriage as between a man and a woman, and only recognizes such marriages for purposes of federal benefits. It is that part of that law that gay men and women have challenged, citing its denial of equal protection under the U.S. Constitution.

The Supremes are also considering whether or not they will review a challenge to Proposition 8, which similarly defines marriage as does DOMA. In February, the 9th U.S. Circuit Court of Appeals ruled Prop 8 to be unconstitutional, ruling that California could not take away a right (gay marriage) that it had previously allowed. But that appeals court decision was narrow, affecting only marriages in the Golden State (not the rest of the country).

Thirty-one states have passed constitutional amendments that ban same-sex marriages. Washington, D.C. and nine states have passed laws in favor of marriage equality—three of them last month. But even in the states where gay marriage is legal, DOMA prohibits those same-sex couples from qualifying for federal benefits.

This post was written by:

- who has written 3269 posts on Florida Agenda.


Contact the author

2 Responses to “Left at the Altar: Supreme Court Delays Same-Sex Marriage Orders”


Trackbacks/Pingbacks

  1. [...] Left at the Altar: Supreme Court Delays Same-Sex … – Florida Agenda Share this:FacebookLinkedInTwitter Posted in Florida-Supreme-Court Copyright © Richard E. Wolverton Esquire 2011. All Rights Reserved. [...]

  2. [...] Left at the Altar: Supreme Court Delays Same-Sex … – Florida Agenda Share this:Facebook Posted in Florida-Supreme-Court [...]

Leave a Reply

fap turbo reviews
twitter-widget.com