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US Supreme Court Will Hear Prop 8 Cases

Posted By Azemika   |   Comments (0)
Family Law,

 

 

On December 7, 2012, United States Supreme Court granted certiorari in Hollingsworth v. Perry and United States v. Windsor. In Hollingsworth, U.S. Supreme Court will consider whether the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution prohibits the State of California from defining marriage as the union of a man and a woman only. In addition, U.S. Supreme Court has directed the parties to brief and argue whether the petitioners have standing under Article III, Section 2 of the Constitution in this case. In the opinion at the lower court, the majority held that Proposition 8 [only heterosexual marriages are valid or recognized in California] is unconstitutional because it violates the Equal Protection Clause by targeting a minority group and withdrawing a previously possessed right from them without legitimate reason. Standing of the petitioners to challenge Prop 8 was also an issue at the lower court level, after governmental officials declined to argue in favor of Prop 8 and proponents sought successfully to intervene in the case.


 

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