Supreme Court Issues Order List—No Word Yet on Proposition 8 Case

 Today, the United States Supreme Court issued an Order List revealing certain cases considered at its November 30 Conference that have been granted review.   Hollingsworth v. Perry (formerly Perry v. Brown), the federal constitutional challenge to California’s Proposition 8, was not on the list.    

Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry.  The Supreme Court is expected to release another Order List from the November 30 Conference on Monday, December 3, at 9:30 a.m. EST/6:30 a.m. PST.

On July 30, 2012, the proponents of Proposition 8 asked the Supreme Court to review the February 2012 decision of the United States Court of Appeals for the Ninth Circuit, which affirmed the historic August 2010 judgment of the Federal District Court that found Proposition 8 unconstitutional.  The Ninth Circuit held:

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.  The Constitution simply does not allow for ‘laws of this sort.’”

Proponents’ request for Supreme Court review, known as a petition for a writ of certiorari, is only granted upon an affirmative vote of four Justices.

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