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Sweating Out SCOTUS :: Bigger Divas Than The Supremes?

by Jason St. Amand
National News Editor
Tuesday Jun 25, 2013

The Supreme Court once again held off on ruling on the constitutionality of the Defense of Marriage Act and Proposition 8 on Tuesday, making those favoring same sex marriage around the country sweat out another day, hoping the justices rule in their favor.

The high court has put off deciding on Hollingsworth v. Perry, which challenges California's Prop. 8, and the United States v. Windsor, challenging DOMA, the 1996 federal measure that bans gay marriage in the U.S., but as SCTOUS Blog reports, the Supreme Court will rule on the two landmark gay marriage cases on Wednesday.

"Tomorrow is the last #scotus day. Same-sex marriage. History," SCTOUS Blog tweeted. As Silicon Valley's Mercury News reports, Chief Justice John Roberts indicated that the court will end its term on Wednesday.

When gay news blog Joe My God reported that the Supreme Court would not rule on Tuesday, a number of readers commented, expressing their frustration with the justice's lack of action on the hot-button cases.

"This is so frustrating! This is the same way gay rights are treated in the Legislatures," one user wrote. "It is always the Last Agenda Item before they adjourn. Think DADT, that was the last in a lame duck, remember? I forget New York if it held true there or not."

"Holding off on DOMA and Prop 8 is starting to feel like continually postponing Christmas would to a child," another reader said.

The satirical news site, the Onion, published an article on Monday titled "Impatient Nation Demands Supreme Court Just Get to the Gay Stuff," poking fun at SCOTUS' dramatic prolonging on ruling on DOMA and Prop 8. The site has a "quote" from 36-year-old Eric Newcomb of Indianapolis, who said, "Screw all these other cases, man, we're ready for the real stuff-you know... the gay stuff." Newcomb is "just one of millions of restless Americans who claimed they are sick of waiting for the Supreme Court to pull the trigger on a gay rights decision, noting that the judicial body has already had 'a solid three months' to consider the constitutional issues associated with homosexual marriage and same-sex partner benefits," the Onion writes.

"Seriously, stop wasting time with all these boring appeals nobody cares about and bring on the gays. I mean, do they honestly think anyone gives a shit about any other case?" he said.

On Monday, the high court ruled on affirmative action, one of the bigger cases the justices ruled on this session. On Tuesday, SCOTUS struck down a key section of the Voting Rights Act, ruling that the prevision "cannot be enforced unless Congress comes up with an up-to-date formula for deciding which states and localities still need federal monitoring," the Associated Press writes.

Though the Supreme Court has delayed their gay marriage right rulings, that hasn't stopped the LGBT community from coming together. United For Marriage will hold several rallies around the country for tomorrow's decision day.

"As we await word from the Supreme Court on whether the Defense of Marriage Act and Proposition 8 are constitutional, we're also offering ways for individuals across the country to rally together on Decision Day to process the decisions and to plan next steps," the organization writes on its website. Click here to find an event in your location.

There has even been a suggestion from the conservative American Family Association that state governors should ignore the much-anticipated SCOTUS ruling if DOMA and Prop 8 are overturned.

AFA spokesperson Gary Glenn said, "God forgive us if we fail to stand ... We will overcome those who threaten our faith and freedom. We will be blessed for doing so."

While the delay may seem only for dramatic effect, in reality it likely relates to some final points made in the two decisions. As legal writer Howard Mintz writes in today's Mercury, "Experts familiar with the inner workings of the Supreme Court say the justices' vote on the gay marriage cases has probably been in place since the end of March, when they would have met behind closed doors a few days after holding arguments.

"The heavy lifting, however, has taken place since then as the justices muster support for majority opinions, and others craft their dissents for posterity. And with the court expected to be divided over a flash-point issue such as gay rights, it is not considered surprising the justices might wait until the end to finish -- just as they did last year when they ruled on the final day in the challenges to the Obama administration's health care reforms."


  • WayGay, 2013-06-25 17:33:07

    SCOTUS is owned by corporations now.

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