Prop 8 Decision Coming This Morning

Comments

1
And then it's on to the Supreme Court.
Ninth Circuit has a reputation for being liberal, and given the earlier court decision, it seems unlikely to be overturned, but the bigots need to take their dog-and-pony show to DC.
I wish we could have voted our support for marriage equality, but maybe it's not so bad that this will be this generation's Loving v. Virginia.

Next stop: topple DOMA.
2
I bet there will be another detour before SCOTUS.

Assuming the three judges uphold Walker's decision, the Yes on 8er's get to ask the entire panel of Ninth Circuit judges to review the decision if they want.

And the Yes on 8er's love to drag this out....with a stay on the decision to be implemented...for as long as they possibly can.
3
Though it may be only a brief waypoint on the path to the Supreme Court, I've been anticipating it just the same. Here's hoping Walker's flawless conclusion finds other reasonable minds.
4
Ninth Circuit generally posts its published decisions at 10:00 a.m.
5
The decission is supposed to be in at 10:30. The analysts I have heard all agree that who ever wins, it will be brought before a review of the entire panel, and then on to the SC. We shouldn't expect a final decission for about another year.
6
I have been waiting two years for this...and I'm sure we'll have to wait another two before its all said and done.

There is great legal discussion and detail at prop8trialtracker.com
7
Remarkable, isn't it, that while any logical observer should conclude by now that legal marriage equality is inevitable (and right), that the fear-based evangelical lunatics are gonna drag it out as long as they can?
8
Yay, the good guys won...

for now :P

At least until Scalia, Thomas, and the rest of those reactionary pigfuckers up in SCOTUS get their say.
9
Pork, It may not go to the Supreme Court. They opted for the narrow scope of the decision wording it in a way that appears to apply only to California. If that is the case the Supreme Court wouldn't rule on this case. The most the Prop H8ters could do is request a review by the full 11 judge panel. I wouldn't put it past the bastards to do it despite the expense just to delay it, but I believe that ultimately they would get the same results.

Nothing is certain yet, but this may be closer to being over than I expected it would be.
10
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.

\o/

Plus, Judge Walker's conclusions were completely upheld, and a motion to toss him out because he didn't disclose he was in a same sex relationship himself was tossed out.

Couldn't ask for better from the Ninth Circuit...

If they appeal, then there's a chance SCOTUS might pick it up. I can't recall if there's another Circuit ruling that conflicts with this one (which would about guarantee a SCOTUS pickup).
11
Oh, yeah, probably the full judge panel review first /facepalm/
12
People keep saying it only applies to California, but that's not actually the case. What it only applies to is any state in the Ninth Circuit that has granted marriage to same-sex couples and then tries to remove that right. So, for example, if Washington State has a proposition to disallow same-sex marriage, this ruling would exactly prevent that from taking effect. It could also be cited in other Circuits - for that, Iowa seems like the most likely reason to need to cited in another circuit - and while it wouldn't carry as much weight in Iowa's circuit as in the 9th, it would still carry a lot of weight and THEN if it was disregarded in Iowa it would be exactly the sort of cross-circuit conflict that the Supreme Court would feel obliged to settle.

So, yes, it's narrow, but no, it's not really only applicable to California.