Supreme Court

Supreme Court forecast: Windsor’s the one and only

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October 29, 2012
Supreme-Court-Interior

Supreme Court Interior Frankenstorm may be closing everything else on the East Coast, but the Supreme Court announced new decisions today about which cases it will hear this term…and there were no gay-related cases in the bunch.  Especially given the papers filed Friday by DoJ asking that the Court grant cert only in Windsor (the […]

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Another court finds DoMA unconstitutional

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October 18, 2012
Constitution-No-DOMA

The U.S. Court of Appeals for the Second Circuit ruled today that sexual orientation classifications should be subject to heightened (intermediate) scrutiny under the Equal Protection Clause, and found that DoMA failed that test. In a highly unusual twist, plaintiffs had already filed a petition for certiorari in the case, even before the Court of Appeals […]

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High court update: Tune in again, around Thanksgiving

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October 15, 2012
Justices

Today’s announcements from the Supreme Court have now come and gone, and there is still no decision on certiorari in any of the three gay-related cases.  The next scheduled date for the Court to issue decisions on which cases it will hear in full comes October 29. If the Court is waiting for all the […]

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Supreme Court: Maybe Monday, maybe not; Maybe only one

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October 12, 2012
Supreme-Court

The Supreme Court is treading cautiously toward the decision it must make about whether to grant review in cases raising three enormously important equal protection issues: the constitutionality of DoMA, Prop 8, and an Arizona law that withdrew partner benefits for government employees. The Justices are meeting in conference today, and any decisions on cert […]

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Lawyers rehearse Supreme Court arguments over DoMA

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September 29, 2012
Supreme-Court

On Thursday, the Second Circuit heard oral argument in Windsor v. OPM, the DoMA challenge brought by the ACLU on behalf of Edie Windsor, who got hit with a $750,000 tax bill that would not have applied to her if her marriage had been recognized.  This is one of the cases that plaintiffs are trying […]

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No word yet on Supreme Court review of marriage and discrimination cases

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September 26, 2012
Justices

The word from on high this week is…Sit tight and stay tuned. Various gay-related cases are tee’d up for the Supreme Court to decide whether they will grant review and then resolve a series of extraordinarily important Equal Protection issues. But the first conference of the new term has now come and gone without any […]

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