U.S. Supreme Court Schedules Oral Argument in Proposition 8 Case
High Court to Hear Prop. 8 Case on Mar. 26; DOMA Case on Mar. 27
Today, the United States Supreme Court announced that it will hear oral argument in Hollingsworth v. Perry, the federal constitutional challenge to California’s Proposition 8, on Tuesday, March 26, 2013.
Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. On December 7, 2012, the Supreme Court granted review in Perry to consider whether Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.
The Perry case was filed on May 22, 2009, in Federal District Court on behalf of two California couples, Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo. On February 7, 2012, the United States Court of Appeals for the Ninth Circuit issued a landmark ruling upholding the historic August 2010 decision of the Federal District Court that found Proposition 8 unconstitutional.
The Supreme Court also indicated today that it will hear oral argument in United States v. Windsor, a challenge to the constitutionality of the federal Defense of Marriage Act (DOMA), on Wednesday, March 27, 2013. Enacted by Congress in 1996, DOMA nullifies the marriages of gay and lesbian couples for all purposes of federal law.
The Supreme Court will receive written briefs from the parties in Perry and Windsor prior to hearing oral argument.