Proposition 8 Case May be Headed to the Supreme Court

The 9th U.S. Circuit Court of Appeals has refused to review the ruling made by two of its member judges, striking down California’s ban on same-sex marriage. The sponsors of California’s proposition 8 now have 90 days to petition the Supreme Court to review the decision that the ban violates the civil rights of gays and lesbians in California. Four justices have to accept the case for oral arguments to begin next spring. If the Supreme Court does not decide to review the decision, same-sex marriages could become legal in California again.

Along with this same-sex case, there are others headed to the Supreme Court as well. Last week, a three-judge panel from the 1st circuit ruled that the federal law prohibiting recognition of same-sex couples unconstitutionally denies Social Security and other similar federal spousal benefits to same-sex married couples. The two cases could be up for review before the Supreme Court at the same time and that may increase the likelihood that it will hear the proposition 8 case.

See Lisa Leff, Gay Marriage Ban Backers Look to US Supreme Court, Google, June 5, 2012.