U.S. Supreme Court to decide fate of DOMA and Prop 8 cases

U.S. Supreme Court to decide fate of DOMA and Prop 8 cases

The United States Supreme Court has announced that it will consider whether to grant review in two key gay rights cases: the federal constitutional challenge to Proposition 8, California’s ban on gay marriage, and the Defense of Marriage Act (DOMA), the federal law defining marriage as solely between a man and a woman.

The justices will meet to discuss the two cases on Tuesday, Nov. 20, according to the American Foundation for Equal Rights (AFER).

When it comes to the Prop 8 review, AFER speculates the court will either grant review of the Prop 8 challenge, at which time their legal team will submit written briefs and present oral arguments by April 2013, with a final decision by summer of 2013, OR the court will deny the review which would make permanent the federal appeals court ruling Prop 8 unconstitutional. If the latter happens, marriage equality will be restored in California.

According to AFER, the court does not have an obligation to set a timeline for making a decision whether to grant or deny review, but they’re expected to release those decisions by Nov. 26.

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