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Justices Appear Leery Of Landmark Decision On Prop 8

Salomon Fuentes, Danielle Tarasiuk |
March 26, 2013 | 9:56 a.m. PDT

Executive Producers

Update: The New York Times and SCOTUS blog are both reporting that the Supreme Court justices are divided among political lines in reviewing the constitutionality of Proposition 8, meaning that any sweeping landmark decision for marriage equlity would be unlikely, but a smaller victory for marriage equality proponents could be in the mix.

As has been the case in recent years, Justice Anthony Kennedy is the swing vote in the case, Hollingsworth v. Perry, which was brought to the Supreme Court by Prop 8 supporters after the California Ninth Circuit Court of Appeals ruled against the measure.

"I just wonder if this case was properly granted," Kennedy said.

"The problem with this case is that you are really asking...for us to go into uncharted waters," the justice added.

From the SCOTUS blog:

“Either the Court could conclude that the proponents of Proposition 8 lacked standing to bring the claim, in which case it would “vacate the Ninth Circuit opinion but leave in place the distinct court decision invalidating Proposition 8,” or “the Court may dismiss the case because of an inability to reach a majority. . . . The upshot of either scenario is a modest step forward for gay rights advocates, but not a dramatic one.”

 

Opinions from justices are expected to go forward on Wednesday.

For more of Neon Tommy's coverage of the Prop 8 case, click here.

Reach Executive Producer Salomon Fuentes here.

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On Tuesday the Supreme Court heard the opening arguments in a landmark case that will either overturn or uphold Proposition 8, a 2008 law that banned same-sex marriage in California. 

Already the SCOTUS blog is reporting that proposition 8 is “unlikely to be upheld.”

From the SCOTUS blog:

"Several Justices seriously doubt whether the petitioners defending Proposition 8 have “standing” to appeal the district court ruling invalidating the measure.  These likely include not only more liberal members but also the Chief Justice.  If standing is lacking, the Court would vacate the Ninth Circuit’s decision.

The Justices seem divided on the constitutionality of Proposition 8 on ideological lines, four to four – i.e., all the members other than Justice Kennedy.  For the more liberal members of the Court, there was no clarity on how broadly they would rule."

Read Neon Tommy’s Coverage of Prop 8

Watch The Washington Post’s Google hangout discussion on Prop 8 and the Supreme Court.

 

 

Email Danielle Tarasiuk here or follow her on Twitter.



 

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