Tuesday, November 27, 2012
Courts - SCOTUSblog begins 4-day series on "the constitutional controversy, now awaiting the Supreme Court’s attention, over same-sex marriage"
Written by Lyle Denniston, Part I's introduction reads:
This is the first article in a four-part series explaining the constitutional controversy, now awaiting the Supreme Court’s attention, over same-sex marriage. At its private Conference on Friday, the Court is scheduled to consider ten separate petitions seeking review of lower court decisions on that issue. Eight of the petitions deal with the constitutionality of a 1996 federal law, the Defense of Marriage Act, as it applies to gays and lesbians who are already legally married under state law. One petition deals with a similar state law adopted in 2009 in Arizona for state employees. And the tenth involves the constitutionality of California’s “Proposition 8,” a voter-approved ban on same-sex marriage in that state. Today’s first article in the series deals with the choice of a constitutional “standard of review” — that is, the test to be used to judge the validity of any of these laws. Later articles in the series will deal with the legal arguments for and against same-sex marriage, and with the options the Justices have as they consider the ten petitions.
Posted by Marcia Oddi on November 27, 2012 12:41 PM
Posted to Courts in general