Tag: supreme court
In June, the U.S. Supreme Court voided a key part of the Voting Rights Act. A month later, the New York Times framed what happened afterward this way … State officials across the South are aggressively moving ahead with new laws requiring voters to show photo identification at the polls after the Supreme Court decision striking […]
Carolyn Clark, Senior Communications Manager at Yahoo, reports that a number of search terms have been spiking at the giant portal related to the Supreme Court rulings on Prop 8 and DOMA Searches past 7 days ending June 25 (breakout refers to a term that is gaining interest and had little to no interest during […]
Thousands of people gathered in front of the U.S. Supreme Court, in San Francisco City Hall and in homes nationwide for long-awaited rulings on same-sex marriage this morning. While many people celebrated the Supreme Court overturning a provision of the Defense of Marriage Act and paving the way for same-sex marriages to resume in California, […]
Update Tuesday, Jun 25: The court is expected to issue rulings on both Proposition 8 and DOMA tomorrow around 7 a.m. PT. Previous posts Update 7:30 a.m. The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on Fisher, the big affirmative […]
Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California’s ban on same-sex marriage. But will that be the final word? When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms. “The case […]
For almost two hours Supreme Court justices heard arguments on the federal Defense of Marriage Act. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions were around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.
The justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Barack Obama’s 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.
UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.
Amar: If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big take-away from this has always been, the court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.
The basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.
After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California’s same-sex marriage ban.
The oral arguments were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.
The questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.
Amar: I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.
Listen to the oral arguments on California’s Proposition 8 at the Supreme Court this morning.
Read the transcript:
Read all the of the case filings in the Proposition 8 and DOMA cases.
Update Jun 10, 2013: The court did not release its opinions on either case today. The decisions are expected by the end of June. (AP) Three weeks after voters backed same-sex marriage in three states and defeated a ban in a fourth, the justices met Friday to discuss whether they should deal sooner rather than later […]
SAN FRANCISCO (AP) — Backers of California’s voter-approved ban on same-sex marriages are asking the U.S. Supreme Court to overrule a federal appeals court that struck down the measure as unconstitutional. Lawyers for the coalition of religious conservative groups that sponsored the ban, known as Proposition 8, petitioned the Supreme Court Tuesday to review the […]