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Prop 8 Up For Supreme Court Review

California's law banning gay marriage will be reviewed by the nation's highest court.

Prop. 8, which was approved by 52 percent of California voters in 2008, bans gay marriage. Opponents and supporters of the law have been waiting and hoping for a ruling by the U.S. Supreme Court on the controversial issue. 

Bloomberg News is reporting that the Supreme Court will examine California's gay marriage law to see if the 14th Amendment bars the state from defining marriage in a traditional way.

The SCOTUS Blog posted this update Friday afternoon via CoveritLive:

"Prop. 8 is granted on the petition question -- whether 14th Am. bars Calif. from defining marriage in traditional way. Plus an added question: Whether the backers of Prop.. 8 have standing in the case under Art. III."

In 2008, 52 percent of California voters approved Proposition 8. The 9th Circuit Court of Appeals struck down the law in February, ruling Prop. 8 unconstitutional. Prop. 8 supporters then appealed to the country's highest court.

This chronology of the history of gay marriage on the LA Times explains the complex road that has led to today.

The SCOTUS Blog also clarified the immediate impact of the court's decision Friday—there is none.

"Although the Court is ruling on Prop. 8, there is nothing in the order that would lift the 9th CA's stay. So marriage licenses in Calif. will have to wait until this case is decided."

Friday, the Supreme Court also granted a review of Windsor, a challenge to federal Defense of Marriage Act, according to Bloomberg.

DOMA bars the federal government from recognizing the marriages of same-sex couples.

“We are pleased that the court has agreed to decide once and for all whether these blatantly discriminatory marriage bans are permitted under our Constitution,” Ilona Turner, Legal Director of Transgender Law Center in San Francisco said in a prepared statement. “These laws that unconstitutionally restrict access to marriage based solely on gender must be struck down."

Eight other cases involving same-sex marriage were not added to the Supreme Court's "orders list," essentially its docket for the next term. Most involved the Defense of Marriage Act.

It's expected the court will hear the marriage cases in the March sitting, March 18-27.

What do you think about this decision? Share your thoughts in our comment section below.

wigglwagon December 08, 2012 at 07:24 PM
As long as people get a discount on taxes for being married it is going to be hard to deny anyone the right to get married to whomever they choose.

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