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High court delays decision in California gay marriage

November 13, 2012 |  3:50 pm

Photo: Eduardo Cisneros and Luke Montgomery kiss in front of a Chick-fil-A in Hollywood as Christian activist Alicia Daberkow reads passages from the Bible in this August . Credit:  Frederic J. Brown / AFP / Getty Images

The U.S. Supreme Court has pushed back by 10 days the date on which it will consider whether to review the issue of gay marriage in California, according to lawyers in the case.

The court had been set to discuss whether to grant review of Hollingsworth vs. Perry on Nov. 20, but now says it will consider it on Friday Nov. 30, according to lawyers who represent Kris Perry and three other plaintiffs seeking to marry their partners in California.

If the high court decides at that time not to grant review of the case, a federal appeals court decision striking down Proposition 8 will be made permanent, setting the stage for gay marriage to begin in California. Proposition 8 was a 2008 ballot measure that banned gay marriage.

The 9th Circuit Court of Appeals ruled earlier this year that it was unconstitutional. If, on the other hand, the court decides to hear the case, the issue could be decided by next summer.

The court could also prolong the waiting, by deciding to hold the case. Voters in Maryland, Washington and Maine approved legalizing gay marriage in last week’s election.

In Minnesota, voters rejected a proposed constitutional amendment banning gay marriage. Gay marriage is now legal in nine states and the District of Columbia.


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Photo: In Hollywood in August, Eduardo Cisneros and Luke Montgomery show their support for gay marriage. Credit:  Frederic J. Brown / AFP/Getty Images