The US Supreme Court decided today to take up the case of Prop 8, which will review the two court rulings that overturned it.
This is a story in progress. We’ll place any major changes here, but jump in the comments below to discuss!
The Ninth Circuit Court of Appeals panel affirmed District Court Judge Vaughn Walker’s decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional. The Supreme Court’s decision to review the case now gives them the final choice on whether to uphold or overturn Prop 8.
The case, Perry v. Brown (formerly Perry v. Schwarzenegger), questions the constitutionality of Proposition 8 — those against Prop 8 say that it’s in violation of the 14th Amendment.
Another case being taken up is one that struck down the Defense Of Marriage Act on the basis of it violating the Equal Protection Clause of the 14th Amendment — essentially the same argument as Proposition 8, but the former is a state law, the latter a federal one.
SCOTUSBlog also noted something interesting about the Prop 8. case:
Trying to sort this all out, it is clear that the Court has agreed to consider the merits case in Prop. 8, because that is what the petition presented as its question, but that it is also going to address whether the proponents had a right to pursue their case. If the Court were to find that the proponents did not have Art. III standing, that is the end of the matter: there would be no review on the merits of Proposition 8 or of the 9th CA decision striking it down.