Wednesday, June 6, 2012

Proposition 8 Knocked Down Again

Image from source, LA Times
Yesterday was all about Scott Walker, and he (and all of the other recall targets) inexplicably retained their seats. I never said I understood Wisconsin, or why toady politicians often get eternally re-elected. But that's not all that was going on in the news. The California "Proposition 8" battle logged another loss for the proponents.

I have a personal stake in the case, being one-half of one of the 18,000 same-sex couples who were married in California in the brief months in which it was legal. My marriage remains legal, in a weird grandfathered pocket, but no same-sex couples have been allowed to marry since November 2008, when Proposition 8 was passed. Since then, Proposition 8 was put to a legal challenge, and lost badly. Seriously, the defense was comically bad. And then that was appealed.

And appealed again. Along the way, it was whittled down to a very narrow "California only" decision, meaning that even if it goes to the Supreme Court, it would likely only deal with California, not the entire country. Which is fortunate if the Supremes are inclined to rule in favor of Prop 8 (and thus against gay couples), or a delay if they rule against (and might have made marriage equality national). I personally believe that an unbiased, un-politically motivated court would rule in favor of marriage equality, on the legal merits. But we know that the SCOTUS does not operate in a political vacuum. And I don't want to test this court unnecessarily. After Citizens United, who could trust them?


Proposition 8 same-sex marriage fight headed to U.S. Supreme Court

California's legal battle over same-sex nuptials is now headed to the U.S. Supreme Court, the final chapter in four years of litigation over the constitutionality of Proposition 8's ban on gay marriage. . .

Read more at: Los Angeles Times

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