The Court has announced that it will review the constitutionality of both the federal Defense of Marriage Act and California’s Proposition 8. The Court did not act today on the petition involving a challenge to Arizona’s Section O.
The appeals court’s ruling was issued in February and found the law unconstitutional.
The court will also hear a challenge to the Defense of Marriage Act.
The AP reports:
As usual, the justices did not offer any explanation of why they decided to take the cases. Oral arguments are expected in the spring, with a ruling to follow in the summer. The court traditionally holds its most important decisions until the last day of its term, sometime in June or July.
Justice Anthony Kennedy is seen as likely to side with the court’s liberal bloc on DOMA, but his views on Proposition 8 are harder to predict.
Striking down only DOMA, and leaving Proposition 8 intact, would not recognize a right to same-sex marriage, but would leave the issue to the states.
Several states have already begun to recognize same-sex marriage and the success of marriage-equality ballot measures on Election Day was seen as a watershed moment, as opponents of same-sex marriage had long argued that popular opinion was on their side.