SCOTUS to consider DOMA, Proposition 8 review next month

On Nov. 20, the Supreme Court will decide whether to take up DOMA and Proposition 8 cases

Topics: Supreme Court, Gay Marriage, Proposition 8, DoMA, SCOTUS, , ,

The Supreme Court will consider whether to take up  the anti-gay marriage Proposition 8 and/or any of several Defense of Marriage Act cases on Nov. 20, and will likely release its decisions by Nov. 26.

The Court is scheduled for a private conference on the 20th, during which it will decide whether to rule on Hollingsworth v. Perry, the federal challenge to Proposition 8. If the Supreme Court decides not to review Proposition 8, it will uphold the 9th Circuit’s ruling that the law violates the 14th Amendment and is unconstitutional.

SCOTUS will also decide whether to rule on any of the four DOMA cases that have been filed before it, including Windsor v. United States, in which the 2nd Circuit recently found that DOMA is unconstitutional.

On Friday, the Department of Justice filed a brief asking the Court to prioritize a decision on the Windsor case.

You Might Also Like

“Although Department of Health and Human Services v. Massachusetts … is also a case in which a court of appeals has rendered a decision, this case now provides the most appropriate vehicle for this Court’s resolution of the constitutionality of Section 3 of DOMA,” the DOJ brief says. “In particular, the court of appeals in Massachusetts was constrained by binding circuit precedent as to the applicable level of scrutiny … whereas the court of appeals here was not so constrained, and its analysis may be beneficial to this Court’s consideration of that issue.”


Jillian Rayfield is an Assistant News Editor for Salon, focusing on politics. Follow her on Twitter at @jillrayfield or email her at

More Related Stories

Featured Slide Shows

  • Share on Twitter
  • Share on Facebook
  • 1 of 11
  • Close
  • Fullscreen
  • Thumbnails

    Cities without landmarks

    Slide 1

    Niagara Falls, U.S./Canada


    Cities without landmarks

    Slide 2

    Sydney Opera House, Sydney, Australia


    Cities without landmarks

    Slide 3

    Mount Rushmore, South Dakota, U.S.


    Cities without landmarks

    Slide 4

    Eiffel Tower, Paris, France

    Robert R.,

    Cities without landmarks

    Slide 5

    Colosseum, Rome, Italy


    Cities without landmarks

    Slide 6

    Taj Mahal, Agra, India

    Sergio Coelho,

    Cities without landmarks

    Slide 7

    Siena Cathedral, Siena, Italy


    Cities without landmarks

    Slide 8

    Christ the Redeemer, Rio de Janeiro, Brazil


    Cities without landmarks

    Slide 9

    Arc de Triomphe, Paris, France


    Cities without landmarks

    Slide 10

    Lost City of Petra, Jordan

  • Recent Slide Shows



Comment Preview

Your name will appear as username ( settings | log out )

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>