Professor Greenberg Explains Two Same-Sex Marriage Court Decisions

June 8, 2012

The 9th Circuit Court of Appeals in San Francisco issued a ruling on Tuesday, June 5, that it will not rehear the case over the constitutionality of Proposition 8 that would ban gay marriage.

That means the court’s earlier ruling that Prop 8 is unconstitutional still stands, although same-sex marriages are in limbo pending an almost certain appeal to the U.S. Supreme Court.

Thomas Jefferson School of Law’s Professor Julie Greenberg, an expert on the issue of same-sex marriage, talks about the impact of the ruling as well as another recent ruling by a federal court in Massachusetts on the Defense of Marriage Act (DOMA).

Professor Greenberg also says that if there is no appeal to the Supreme Court within 90 days, or if the Supreme Court refuses to hear the case, then same-sex marriages in California will resume.

Cert refers to certiorari, and when the Supreme Court grants cert, it means the court has decided to hear the case.