SCOTUS decision on DOMA, Prop 8 is imminent

The high court is conferencing on key gay marriage cases today

Published November 30, 2012 5:35PM (EST)

The Supreme Court is conferencing over DOMA and Proposition 8 cases, and could announce today or Monday their decision on whether to hear the cases.

The court is reviewing eight petitions related to the Defense of Marriage Act, which  federal appeals courts in New York and Massachusetts struck down this year, as well as a challenge to the decision that found Proposition 8, which banned gay marriage in California, unconstitutional. The justices are in a private meeting today to decide whether to hear the cases or uphold lower court decisions.

Reuters reports that the court could decide which cases to take up as early as this afternoon or Monday morning, and that the "The Supreme Court is expected to take at least one of the challenges, as the court typically reviews lower-court decisions that invalidate a federal law."

The Wall Street Journal speculates that there are three possible courses for the justices: To decline to hear any of the cases, to hear a DOMA case but take no action on Proposition 8 (which would mean gay marriage would be legal in California), or to take up both DOMA and Prop 8.

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 Scotus Supreme Court