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| DOMA, Prop 8 and standing: what exactly did last Friday’s Supreme Court order mean? By Combs Last Friday, in a late afternoon order, the. Supreme Court announced that Hot ladies wants fucking Gary it take up the Prop 8 case and the Windsor challenge to DOMA and issue rulings on the two laws’ constitutionality by the end of its session. Following the order, we had a great QA session with readers and Minter and Stoll of the National Center for Lesbian Rights (if you missed it, check it out here) about just what the Court’s move really means. Here’s a (fairly) detailed look at how important the Court’s additional questions of standing could be to the eventual resolution of the two cases in the. The Court’s Friday order not only makes clear that it is interested in considering not only the core constitutional arguments at the center of the Prop 8 case (now ed Hollingsworth v. -) and the Windsor v. USA challenge to DOMA, but also several key procedural issues presented by the two cases. In the Prop 8 case, the Court’s order reads, “The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, §2 of the Constitution in this case.” In effect, what this means is that the Supreme Court consider arguments on the central constitutional question presented to the Court by the proponents of Proposition 8: “Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a and a woman.” This question is substantially similar to the one presented to Judge during trial in a Northern California district court. Judge ruled that California’s denial of marriage equality to same-sex couples violates those couples’ equal protection and due process rights. In his opinion, Judge wrote that while strict scrutiny (a more searching constitutional test used to protect the rights of disadvantaged minorities) was designed specifiy to safeguard the liberties of groups such as gays and lesbians, Prop 8 fails to pass even the much more lenient rational basis test. FULL STORY: |
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