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Thu Nov 29, 2012, 11:10 PM

SCOTUS Watch: CA Prop 8's Death Knell Could Come Tomorrow (Friday)

Friday could be a key date in Proposition 8 fight


Same-sex marriage could be legal in California by the end of Friday.

When the U.S. Supreme Court meets Friday, it could decide to accept the Proposition 8 case, deny it or defer making a decision. Here’s what would happen under each scenario.

Accept: Oral arguments will be heard in March or April. A decision by the court would be expected in June.

Deny: The ruling by the Ninth Circuit, overturning Prop. 8, would stand. Gay marriage would be legal in California, but there’s some debate about how widely the ruling could be applied and when the new policy would go into effect.

Defer: It’s unclear when, exactly, the court would make a decision on the case.

The court is expected to announce its decision Friday or Monday.

Either way, there's a sense on both sides of the issue that tomorrow will be a key date in the state's longstanding debate over gay marriage.

Behind closed doors Friday, the U.S. Supreme Court is expected to decide whether it will review a challenge to Prop. 8, the 2008 state ballot measure that established marriage as between a man and a woman and stripped gays and lesbians of the right to wed in California.

In February, the 9th Circuit Court of Appeals struck down the initiative. If the Supreme Court decides it doesn't want to review the case — such an announcement could come as early as Friday afternoon — the 9th Circuit's ruling will stand.

Officials in San Francisco are bracing for an onslaught of wedding requests, although there's some disagreement about whether a denial by the Supreme Court will immediately make same-sex marriage legal across the state, or whether further litigation will be required.


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Reply SCOTUS Watch: CA Prop 8's Death Knell Could Come Tomorrow (Friday) (Original post)
stopbush Nov 2012 OP
Dark n Stormy Knight Nov 2012 #1
mr_liberal Nov 2012 #2

Response to stopbush (Original post)

Thu Nov 29, 2012, 11:17 PM

1. Here's hoping more Mormon political money was wasted.

And, in case I'm not the only one who missed it (the film, not the money), this sounds interesting:

The film 8: The Mormon Proposition, explores the role of the Church of Jesus Christ of Latter-day Saints in repealing same-sex marriage in California nearly two years ago. After debuting at last winter's Sundance Film Festival, the film opens in 15 cities nationwide today. (June 17, 2010)

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Response to stopbush (Original post)

Thu Nov 29, 2012, 11:20 PM

2. If it was a state court I could see them letting the decision stand

but since its a federal court I think they will accept the case.

Then its going to be 5 to 4 and it'll depend on how Kennedy votes.

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