Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Supreme Court Hears Arguments on Proposition 8 and DOMA
On March 26 and 27, 2013, the U.S. Supreme Court heard oral arguments in cases that give the Court an opportunity to render a definitive ruling on the right of same-sex couples to marry. In Perry v. Brown, 671 F.3d 1052 (9th Cir.), cert. granted sub nom. Hollingsworth v. Perry, 133 S. Ct. 786 (2012), the Court agreed to hear the case in which lower courts struck down Proposition 8, the ballot initiative that' amended California's Constitution to define marriage as the union of a man and a woman. In Windsor v. United States, 699 F.3d 169 (2d Cir.), cert. granted, 133 S. Ct. 786 (2012), the Court agreed to hear one of several cases around the country in which lower courts struck down Section 3 of the federal Defense of Marriage Act (DOMA), which limits the definition of marriage to heterosexual unions for purposes of federal law. See DOMA ' 3 (codified at 1 U.S.C. ' 7).
But while the Court agreed to ' and did ' accept briefs and hear oral arguments in both Hollingsworth and Windsor, there is a possibility that the Justices will not weigh in on the merits of the same-sex marriage issue in either case. In both matters, the Justices asked the parties to brief and argue questions about the standing of the petitioners, and in Windsor, they also asked whether the Court even has jurisdiction under Article III of the Constitution to determine the case. Then, when counsel appeared before the Court in March, the Justices insisted on hearing arguments that addressed the standing issue before they would take argument on the merits. If ' as some believe will happen ' the Justices decide that the petitioners have no standing, or if they determine that the Court has no jurisdiction, there would be no ruling on the merits concerning the constitutionality of Proposition 8 or DOMA when decisions are handed down in June. That, in turn, would let stand the lower court rulings that struck down Proposition 8 and DOMA as unconstitutional.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.