Tomorrow, the United States Supreme Court could announce whether it has granted or denied review in Hollingsworth v. Perry (formerly Perry v. Brown), the federal constitutional challenge to California’s Proposition 8. The Perry case, along with several cases challenging the federal Defense of Marriage Act (DOMA), were distributed for discussion at the Justices’ private Conference of Friday, November 30, 2012.
Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. DOMA, which was enacted by Congress in 1996, nullifies the marriages of gay and lesbian couples for all purposes of federal law.
The Perry case was filed on May 22, 2009, in Federal District Court on behalf of two California couples, Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo. On February 7, 2012, the United States Court of Appeals for the Ninth Circuit issued a landmark ruling upholding the historic August 2010 decision of the Federal District Court that found Proposition 8 unconstitutional. On July 30, 2012, the proponents of Proposition 8 asked the Supreme Court to review the Ninth Circuit’s judgment. A request for Supreme Court review, known as a petition for a writ of certiorari, is only granted upon an affirmative vote of four Justices.
Should the Court grant review, the Justices will go on to consider whether Proposition 8 violates the Fourteenth Amendment to the United States Constitution. If the Court denies review, the February 2012 decision of the United States Court of Appeals for the Ninth Circuit that struck down Proposition 8 is made permanent, ending four years of marriage inequality in California.
On Friday, November 30, the United States Supreme Court issued an Order List revealing two cases considered at its November 30 Conference that have been granted review. The Perry case and the DOMA cases were not on that list. The Supreme Court is expected to release an Order List with its decisions on cases it has granted or denied review from its November 30 Conference by Monday, December 3 at 9:30 a.m. EST/6:30 a.m. PST.
In the event that the Court neither grants nor denies review in Perry by December 3, the Justices will discuss the case again at a future Conference.
If the Court takes action in the Perry case and/or the DOMA cases, the American Foundation for Equal Rights (AFER), the sole sponsor of the Perry case, will hold a national media conference call. No call will be held if action is not taken in the Perry case and the DOMA cases.
To listen in to the call, please dial (866) 535-6106. Enter conference ID 76518722.
READ PLAINTIFFS’ BRIEF IN OPPOSITION HERE: http://www.afer.org/wp-content/uploads/2012/08/2012-08-24-Plaintiffs-Brief-in-Opposition.pdf
READ PROPONENTS’ PETITION FOR CERTIORARI HERE: www.afer.org/wp-content/uploads/2012/07/2012-07-31-Proponents-Petition-for-Certiorari.pdf
READ THE NINTH CIRCUIT’S ORDER DENYING REHEARING EN BANC HERE: www.afer.org/wp-content/uploads/2012/06/2012-06-05-En-Banc-Order.pdf
READ THE NINTH CIRCUIT’S DECISION HERE: www.afer.org/wp-content/uploads/2012/02/2012-02-07-Decision-on-Merits.pdf
READ THE FEDERAL DISTRICT COURT’S DECISION HERE: www.afer.org/wp-content/uploads/2010/08/Prop8Decision.pdf