Marriage at the Supreme Court

MARRIAGE AT THE SUPREME COURT PROP 8 DOMA PROPOSITION 8: THE CALIFORNIA MARRIAGE CASE 6 MOST LIKELY OUTCOMES (and 5 Ways to Win) CALIFORNIA NO ONLY NEGATIVE RULING NATIONWIDE (PROP 8 UPHELD) NO RULING: CALIFORNIA MARRIAGE PLUS+ STANDING DISMISSED AS IMPROVIDENTLY GRANTED (DIG) EQUALITY (NARROW FAVORABLE RULING) (PROP 8 PROPONENTS HAD NO RIGHT TO ASK THE COURT TO States providing all rights & responsibilities of marriage to same-sex couples through broad civil union or domestic (BROAD RULING) Same-sex couples would be able to marry in California. This would not affect the validity of marriages same- sex couples entered in California when HEAR THE APPEAL) Dismissal of the case This outcome would Trial court victory stands. Same-sex couples would be able to marry in California. without comment. This would bring the freedom to marry to couples in California; the victory from the lead all states to allow same-sex couples to marry. partnership laws court of appeals would have no justification those marriages were briefly legal there, or the marriage laws of other states. for excluding same- sex couples from marriage. This would bring marriage for same-sex couples to California, Colorado, Hawaii, Illinois, New Jersey, Nevada, and Oregon. remain in place. Lambda Legal and other groups would continue our efforts to secure full equality for same-sex couples and their families. DOMA AT THE SUPREME COURT SECTION 3 OF DOMA UNDER SECTION 3 OF DOMA, SAME-SEX COUPLES ARE DENIED RIGHTS, RESPONSIBILITIES & PROTECTIONS UNDER MORE THAN 1,000 FEDERAL LAWS. SOME OF THE EFFECTS ARE: NO NO SEPARATION INVITING DISCRIMINATION FROM OTHERS OF BINATIONAL COUPLES HEALTH INSURANCE FOR SPOUSES OF FEDERAL EMPLOYEES MILITARY SPOUSAL SUPPORT AND BENEFITS NO SINGLING OUT TELLING CHILDREN NO FAMILY MEDICAL LEAVE FOR SPOUSES TO CARE FOR ONE ANOTHER DURING ILLNESS ABILITY FOR SPOUSES TO FILE FEDERAL TAXES JOINTLY AS MARRIED, COSTING THEM THOUSANDS LGBT PEOPLE AND RELATIONSHIPS AS UNEQUAL OF GAY/LESBIAN PARENTS THEIR FAMILIES ARE SECOND CLASS 3 MOST LIKELY OUTCOMES WIN NO STANDING TO BE IN SUPREME COURT LOSE SCOTUS UPHOLDS DOMA COURT STRIKES DOWN SECTION 3 OF DOMA (REVERSES THE SECOND CIRCUIT DECISION) The Court may find that the Department of Justice does not have the right to seek Court review and that the Bipartisan Legal Advisory Committee of the House of Representatives (BLAG) does not have standing to defend DOMA. (AFFIRMS THE SECOND CIRCUIT DECISION THAT SECTION 3 OF DOMA VIOLATES THE CONSTITUTION'S GUARANTEE OF EQUALITY) Same-sex couples will continue to be denied rights, responsibilities & protections under more than 1,000 federal laws. Federal government will have to treat marriages of same-sex couples the same way it treats the marriages of different-sex couples for all federal statutes and programs. Pushing forward for Respect for Marriage Act in Congress. The Appeals Court decision would be vacated by the Court and it would be the district court decision finding DOMA Section 3 Would NOT resolve: Whether states must allow unconstitutional that would stand. Further efforts same-sex couples to marry. might be necessary to defeat DOMA nationwide Whether states must respect marriages same- sex couples legally entered into in other states. Married same-sex couples who live in states that do not recognize their marriage may experience a period of uncertainty as to which federal benefits they can receive. IT Lambda Legal making the case for equality www.lambdalegal.org/marriage