Thursday, November 17, 2011

Prop8: nothing to see here, move along

In the tangled web of Prop8 (See graphical timeline), the Federal District Court found that it was unconstitutional. The prop8 supporters appealed. However, because the state refuses to defend the law, there was some question as to whether the supporters had the RIGHT to appeal.

The (federal) appeals court sent a question to the (State) Supreme Court, asking if under California law, there was such a right.

The state court today said, yes, the supporters can appeal.

So now the Federal Court will consider whether they have the right to appeal under FEDERAL law.

So nothing changes. Prop8 is still in force.

And the lawyers continue to argue on a perilous course towards the US Supreme Court (SCOTUS), which dominated by unfriendly conservatives. At some level, this case was never about Prop8, but a test case to take a risky strategy to try to change federal law. I'm sure Olson and Boies are happy, because they want to make it to the SCOTUS. But gay Californians still can't marry.


dr.primrose said...

The California Attorney General, Kamala Harris, has issued a press release on the California Supreme Court's ruling in the Prop. 8 case. It says:

"While the [California] Department of Justice argued the Proposition 8 proponents do not have standing to pursue this appeal, the court has ruled otherwise. This ruling now shifts the litigation to the federal court of appeals. I firmly believe that Proposition 8 violates the equal protection and due process clauses of the U.S. Constitution and am confident that justice will prevail."

I'm glad the California A.G. still believes Prop. 8 is unconsititutional.

JCF said...

Now, if only (Baaaaaaaabe!) AG Harris was on SCOTUS, instead of, say, Scalia. ;-/ [Thanks, dr.p]