Okay, so it goes like this. In 2000, a proposition was passed in California that blocked the possibility of same-sex marriage. In 2008, the Supreme Court of California ruled that proposition to be against the State Constitution, and ushered in same-sex marriage. For a few months, gay people could get married. In all 18,000 couples got married. I'm half of one of them.
Then, in the 2008 election, Proposition 8--a rewording of the older Prop. 22--passed, banning same-sex marriage again. My marriage is still valid (even though the "Yes on 8" people would rather that it wasn't), but no more gay people could be legally wed. Last month, a Federal Court ruled that Prop. 8 was un-Constitutional on the Federal level. But still, gay people couldn't get married, because the judge put a stay on his decision to give the opposition the chance to object. Guess what? They objected. The proponents of Prop. 8 took a very wordy--and not terribly convincing--request for a longer stay to the Circuit Court. And they got it.
But that isn't the end of things. There's the real possibility that the proponents don't have legal standing for an appeal at all. That will be up to the Circuit Court to decide, and even if they rule there is no standing, there is still the possibility that it will go to the Supreme Court of the United States. Meanwhile, couples who want to get married--but missed the small window in 2008--are feeling like yo-yos. All the while, I've got to wonder, what exactly is in it for the pro-Prop. 8 side anyway? What the hell drives them? And what will they do if they lose?
[Excerpt]
Court temporarily blocks California same-sex couples from marrying
A federal appeals court in San Francisco, California, has blocked same-sex marriages in that state from resuming immediately, until the three-judge panel hears broader questions over the constitutionality of such marriages. . .
Read more at: CNN
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I am really surprised that the ban was put on hold. If the state won't fight the law, the courts will probably find a surrogate. This ruling, one way or another is to big to just die without going to the Supreme Court. If it were to die without it going past the circuit court, there would have been hell to pay, especially at the ballot box.
ReplyDeleteSo, let it go to the Supreme Court, unless the gay community is afraid of it. Is it? I don't know, you tell me.
What the gay community is scared of is that a conservative court (and right now, it's pretty conservative) will come up with a tortured reason to overturn Walker's decision. If the case went like it did in California? No worries. They DO like Ted Olson, so maybe any handwringing will be unnecessary.
ReplyDeleteWell, the CA. Supreme Court sided with the Prop 8 supporters and it was 9-0 or how many justices they have.
ReplyDeleteYes, they do like Olsen. Wonder if any of the casinos will take a prop bet. (very sorry for the horrible pun)
The CA Supreme Court only sided with Prop 8 when they said the proposition was elligible for the ballot. They don't have jurisdiction or ability to decide US Constitutional matters. Judge Walker ruled that Prop. 8 violates the US Constitution.
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