Supreme Court to Decide Fate of Prop. 8

If the court decides not to hear a case on California's ballot measure that banned gay marriage, same-sex unions could soon be legal statewide.

The U.S. Supreme Court is expected to decide on Friday whether or not to hear a case challenging a federal appellate court ruling that found the state ballot measure banning gay marriage to be unconstitutional, the Los Angeles Times reported.

If the justices opt not to hear the Proposition 8 case, then a federal appeals court ruling that found the 2008 state ballot measure banning same-sex marriage unconstitutional would stand, clearing the way for marriages to begin. If the justices take up the case, a ruling would not come until next year and gay marriage would remain on hold until then, or longer depending on how the court rules.

Were the high court to decide to rule on Hollingsworth vs. Perry, it could lead to a historic victory legalizing same-sex marriage nationwide. But gay activists are well aware that the court could rule against them and throw the movement back at a time when same-sex marriage has seen a series of election victories at the state level.

The court could also put the case on hold, further delaying progress on the issue.

"The problem with the court process … is it's extremely slow," Thomas Watson from the marriage rights group Love Honor Cherish told the Times. "The promises that were made when the [federal lawsuit] was filed was that it was going to bring marriage nationwide and do so quickly."

Both sides of the same-sex marriage debate are eager for a nationwide resolution.

Jim Campbell, legal counsel for Alliance Defending Freedom, which represents the official proponents of Proposition 8, told the Times he hoped the high court would rule "that defining marriage as the union of a man and a woman is constitutional."

Los Angeles County officials, meanwhile, said they are waiting to see what the court does before taking any action.

But many couples said that if the high court's actions lead to legalization of same-sex marriage in California, they won't need to rush to the altar because this time there will be nothing hanging over their heads that could take away the right to marriage.

Same-sex marriage is legal in nine states and the District of Columbia.

According to research by the Williams Institute at UCLA law school, there are nearly 100,000 same-sex couples living in California, and more than 24,000 would marry in the next three years if state law permitted them to do so.

Click here to read the full L.A. Times story.

What are your thoughts on the current legal issues surrounding gay marriage in California and the nation? Tell us in the comments section.

George November 30, 2012 at 09:16 PM
Gay men can barely handle dating the same person. I never understood the desire gay men seem to have to want to marry? Nuts if you ask me. Seems like a few militant gays began what was a small momentum into a huge movement. As a gay man, I believe men getting married in a traditional marriage as a man and a woman, monogamy etc.... Isn't possible. It barely works for a small percentage of heterosexual couples. Best to just be happy with civil unions. Make more practical sense.
RTL December 01, 2012 at 01:43 AM
Paul, it (marriage/relationships) may not work for you at this time. Please stop projecting your gay hate which is a hatred of self. Yes, gay relationships are challenging, but gays also didn't socialize normally from a young age. Most have been forced to conform to society since childhood and had to hide their sexuality even to survive their parents kicking them out on the street. Marriage is more about the right to marry and right to be yourself more than it's about the act of marriage. And for those that deal with their past and are ready for a mature, gay relationship, marriage is a wonderful option to have when it comes to legal issues, taxes, hospital visits, adopting, respect/equal treatment under the law, etc. Grow up already.
George December 02, 2012 at 01:39 AM
RTL, I won't go to your level in name calling. My experience is long term committed relationships between men are dysfunctional at best. Most gay men in committed relationships have open relationships or bring in outsiders to spice up the sex, orgies etc...... That is considered normal for gay male couples. They also play around on the side. That is how men are. I'm not saying it doesn't happen for heterosexual couples but not as much otherwise the divorce rate which is already high would be even higher. I don't understand why gay men gay about gay marriage? I have met gay men who like myself could care a less about it. I can not speak for the lesbian community as I do not know any that know of. I am sure they are very different since women are generally more emotional and nurturing......
Joe Schmi December 03, 2012 at 11:27 PM
So, you call my 17-year monogamous successful relationship in a place as dysfunctional as Mormon Utah inferior to what? Have you been in a committed relationship since age 21, Paul? If not, you are the true dysfunctional failure. Don't get divorced, we're watching...
Joe Schmi December 03, 2012 at 11:29 PM
and if that's what you think is "normal" gay relationships, you've been in W. Hollywood too long. May I suggest returning to where you grew up...


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