Although expectations were high that a Supreme Court conference last Friday might result in the Supreme Court taking on the various same-sex marriage cases that are before it on cert. petitions, there's been no action yet. See Jess Bravin, Supreme Court Does Not Act on Gay-Marriage Cases, Wall St. J. Law Blog (Nov. 30, 2012). [Hattip Prof. Murphy] Since the issue was on the agenda for the conference and decisions were announced on other items discussed at the conference, speculation is that the Justices will discuss the issue again at this Friday's conference before a decision is made.
The cert. petitions cover:
1) challenges to DOMA, where the Second and First circuits found it unconstitutional
2) challenge to Califorinia's Proposition 8, where the Ninth Circuit fiynd the voter initiative limiting marriage unconstitutional in light of the California Supreme Court decision that the state constitution protects gay marriage rights
3) challenge to Arizona's Section O, where the Circuit found it violated the equal protection clause.
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