Supreme Court to Conference Prop 8, DOMA Cases September 24

Hollingsworth v. Perry, the Prop 8 case, and DOMA cases Windsor v. USA and Golinski v. OPM have been listed by the U.S. Supreme Court as distributed for conference on September 24.

SupremesScottie Thomaston at Prop 8 Trial Tracker explains:

The September 24 conference is the first time this term that the Justices will meet privately and look at petitions for certiorari to decide which cases they will accept for review. Usually, the Court announces its orders from conferences on the Monday following the conferences, however if they do take up the Prop 8 case on September 24, they could announce as early as the next day whether the full Court will review the case. It takes four votes to grant review.

If the Court denies the petition, the Ninth Circuit Court of Appeals’ decision stands, and Proposition 8 will be invalidated, though the case won’t set a nationwide precedent. If they decide to review the case, they’ll reach a final decision on the merits at the end of June 2013.

The Court could also potentially ‘relist’ the case for a later conference. This would mean instead of making a decision at the September 24 conference, the case would be held and listed for a subsequent one.

Same-sex marriage could be legal in California by the end of this month if the Supreme Court chooses not to take the Prop 8 case.


  1. Pete N SFO says

    It’s just my own fear, but if CA steals all the headlines with a wave of Marriage Equality, will that be good or bad at election time?

    I’m really not sure.

  2. enough already says

    I suspect it will be held-over to be re-conferenced. The Supremes must be very conflicted.
    On the one hand, were they to deny review, it would energize the christer haters just in time for the election. At least five justices would love them some of that.
    On the other hand, if they do review, it might cause women and disinteresed younger potential voters to prick up their ears and realize just how close they are to losing their rights, should the court fall into a 6-3 Rethug majority.
    Decisions, decision. O! To be a fly on the wall at that conference.

  3. james says

    I think there will be four votes to take the case — Scalia, Thomas, and Alito, because they want to stop same-sex marriage before it “destroys the county” — and Kennedy who will find the case interesting.

    If they don’t take the case and marriage equality returns to California, the headlines will have faded by election day.
    Unless they relist the case and release their decision at the end of October.

  4. Michaelandfred says

    Too many variables for the Prop 8 case. They, like everyone else, can see where the world is moving on this. Do they kick it down the road, does Kennedy make himself a historical hero for equality or a footnote of hold out intolerance, do they stick to states rights or try to impose conservative ideology, do they chance a sweeping national decision or let a future court take it up, do the conservatives play presidential politics…or does the whole court actually follow the law?

    I can see an argument for each of these. We’ll know soon enough. My guess is Prop 8 stands and they take up DOMA. That’s the safest route.

  5. DERobCo says

    My prediction over the past few months is that SPOTUS will elect NOT to hear the PROP H8 case, and allow the current ruling to stand (as it applies to CA) but will decide to take the DOMA case (as it is a Federal statute) with a decision coming next June.

  6. Terry says

    The Supreme Court has a long history of refusing to review cases dealing with discrimination against gays. It’s time they finally step up and do the right thing. This is a civil rights issue, pure and simple.

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