DOMA, Proposition 8 Decisions To Be Handed Down Tomorrow
Tomorrow will be the final day that the Supreme Court of the United States will sit for its current term, meaning all cases where decisions have not yet been handed town. That includes United States v. Windsor, the case dealing with the Constitutionality of the Defense Of Marriage Act, and Hollingsworth v. Perry, the case dealing with California’s Proposition 8 banning same-sex marriage. To say the least, these two cases will be the primary topic of discussion tomorrow and for days afterward.
I’ll have coverage of both decisions, and legal analysis of the same, here as soon as practically possible. In the meantime, feel free to make this an Open Thread for your discussion of what the Court will, and should, do in both cases. Here’s my guess at the outcome:
- United States v. Windsor — DOMA’s Section Three tossed out in a decision that relies more on issues of Federalism than on Equal Protection;
- Perry v. Hollingsworth — Case dismissed due to the fact that the party purporting to defend the law in Court does not have standing to do so. This means that the case gets sent back to the 9th Circuit, and same-sex marriage will become legal in California as soon as that Court lifts the stay it put on its ruling striking the law down pending appeal.
If you want to follow along with the news of the decisions, I recommend SCOTUSBlog’s excellent Live Blog, which generally starts at 9:00am Eastern Time.