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Superior Court Announced it was Granting Certiorari in Two Gay Marriage Cases

08 Dec 2012 8:28 AM | BALIF Administrator (Administrator)
Today the Supreme Court announced it was granting certiorari in two gay marriages cases. United States v. Windsor is a constitutional challenge to DOMA arising from the Second Circuit. Hollingsworth v. Perry is a constitutional challenge to California's Proposition 8 arising out of the Ninth Circuit. Both cases involved circuit court rulings favorable to gay marriage. While BALIF regrets that the Court's grant of certiorari in Perry will further delay marriage equality in California, BALIF is hopeful that the Supreme Court will issue a favorable decision, and looks forward to becoming involved in this case. Similarly, with respect to Windsor, BALIF is hopeful that the Supreme Court will recognize the unconstitutionality of DOMA and is prepared to do its part to further the arguments against DOMA before the Court. Another item of note is that the Supreme Court recognized that there were standing issues with respect to both cases and that it would be addressing those issues, meaning that the Supreme Court may decide these cases in a favorable manner for marriage equality based on standing without addressing the merits.

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