SCOTUS could put off Proposition 8 and DOMA decisions

Neither is on a list of cases the Supreme Court will review

Published September 25, 2012 10:27PM (EDT)

Though Ruth Bader Ginsburg implied that the Supreme Court would be taking up gay marriage this session, it seems the Court is putting off that decision for now.

SCOTUS released a report of six lower court cases it will review this session, and both Proposition 8 and one of the DOMA cases were left off. Both had been distributed in the justices' conference as potential cases for review.

The Court will be releasing another list on Oct. 1, this time of cases it will not review. If either DOMA or Proposition 8 is on that list, it means the lower decisions will stand. Proposition 8, California's ban on same-sex marriages, was ruled unconstitutional by the 9th Circuit. In Windsor v. U.S., a District Court judge in New York ruled against DOMA, which denies federal benefits to same-sex couples.

The justices can still decide to add the two cases to the docket later in the term, potentially grouped with the three other DOMA challenges that have been petitioned.

By Jillian Rayfield

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

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Doma Gay Marriage Proposition 8 Ruth Bader Ginsburg Supreme Court