The U.S. Supreme Court has not yet listed the case challenging California's ban on marriage equality on its Fall docket, which was released Tuesday.
Adam Umhoefer, the executive director of Americans for Equal Rights, explained in a message to supporters Tuesday that the justices are scheduled to release which cases they will not hear on Monday Oct. 1.
If the Supreme Court does not hear Perry v. Brown, a February 2012 decision finding Proposition 8 unconstitutional will be upheld, permanently invalidating Proposition 8, allowing same-sex couples to marry in California. If the court will hear the case, AFER's star attorneys David Boies and Ted Olson, will argue on behalf of the California couples suing to invalidate Proposition 8.
"Some have speculated that the Supreme Court may wait to consider our case until later this fall when the Justices will decide whether to grant review in several cases challenging the so-called Defense of Marriage Act," Umhoefer said in the message to AFER supporters.