Prop 8 Decisions Won't Come Until Late Fall

By Matt Baume
|  Saturday, Feb 19, 2011  |  Updated 7:30 AM PDT
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Prop 8 Decisions Won't Come Until Late Fall

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SAN FRANCISCO, CA - FEBRUARY 14: San Francisco Sheriffs deputy prepares to arrest same-sex couple Molly McKay (R) and Davina Kotulski (L) after they staged a sit-in protest when same-sex couples were denied marriage licenses from the San Francisco county clerk on February 14, 2011 in San Francisco, California. Close to a dozen same-sex couples who were denied marriage licenses were arrested after they staged a sit-in demonstration inside the office of San Francisco's county clerk. (Photo by Justin Sullivan/Getty Images)

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What do love and justice have in common? Not only are they both blind, but they're both slowly creeping forward towards one very important court date in September.

It was announced this week that the case against Prop 8, also known as Perry v. Schwarzenegger, will make a detour to the California Supreme Court in the fall. The justices won't be determining whether Prop 8 was constitutional, but they will decide who has the right to defend it.

State officials have declined to defend the measure, but other groups have stepped in to do so instead. But it's unclear whether private organizations are actually allowed to become so involved in lawmaking.

The arguments will take place in September, with a decision by November.

When the decision comes at the end of 2011, it's likely to cap off an amazing few months. Even though it's likely to be quiet time for news about California marriage equality, this year is looking like it'll have a slew of major victories across the country for gay couples and their friends and family.

Marriage equality bills have a good shot at passing in Rhode Island and Maryland. Civil unions were just passed in Illinois, and Hawaii is likely to follow. Iowa and New Hampshire are poised to successfully defend themselves from an attack on existing marriage equality laws.

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