The Case is Submitted! CA Prop 8 at the Supreme Court Today!
If you were following us on
Twitter today, then you know the Los Angeles
family law attorneys at
Castellanos & Associates, APLC were closely monitoring today’s historic Supreme Court review of
California’s Proposition 8 in the case of
Hollingsworth v. Perry.
On Monday, we gave you some historical perspective on the issue currently
before the U.S. Supreme Court. The case of Hollingsworth v. Perry arose
when a gay couple and a lesbian couple were denied marriage licenses and
the couples sued two county clerks and officials in California, arguing
Proposition 8 violates their Fourteenth Amendment right to Equal Protection
under the law. When state officials originally named in the suit informed
the district court they could not defend Proposition 8, supporters of
Proposition 8 intervened in the case to defend California’s ballot
initiative. The district court held Proposition 8 violated the Constitution,
and the U.S. Court of Appeals for the 9th Circuit affirmed the decision.
- Whether the Petitioners in the case have legal standing under Article III
of the Constitution to argue the case
- Whether the Equal Protection Clause of the Fourteenth Amendment prohibits
the State of California from defining marriage as the union of one man
and one woman
Court observers are suggesting the high court may not be ready to answer
the larger question on whether a fundamental right exists for gays and
lesbians to marry. Some of the argument today did focus on whether supporters
of Proposition 8 had “legal standing” to appeal the case in
federal court. If the high court was to narrow their decision to an issue
such as “standing,” then it could ultimately lead to a dismissal
of the case without ever ruling on the larger issue of gay marriage. However,
the issue of “standing” was present at the time the Justices
originally accepted to hear the case. Obviously, the Justices accepted
to hear the case anyway.
No one really knows how the Court is going to ultimately decide the fundamental
issue before it. Meanwhile, tomorrow will be another important day at
the Justices prepare to hear United States v. Windsor, which is a challenge
to a federal law, the Defense of Marriage Act (DOMA) defining marriage
as between one man and a woman.The issue is whether DOMA denies federal
benefits to same-sex couples legally married in their states. While Prop
8 deals with whether there should be a recognition of a heightened class
under the law, the issue in the DOMA case is much narrower.
If you would like to hear audio from today’s Proposition 8 proceedings
you can hear today’s Proposition 8 argument before the Supreme Court at
The Oyez Project. Meanwhile, tomorrow promises to be another historic day at the nation’s
high court. If you would like to stay informed, please continue to follow
the Los Angeles Divorce Lawyers at Castellanos & Associates, APLC
on Facebook and at
@ladivorcelawyer on Twitter for the latest family law news.
If you need help with a domestic partnership dissolution or same-sex adoption,
contact a Los Angeles family law attorney at Castellanos & Associates, APLC today at (323) 655-2105.
HOLLINGSWORTH v. PERRY,
The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2012/2012_12_144 (last visited March