Prop. H8 Watch: CA Supreme Court Sides with Proposition Supporters

Here’s the gist of this morning’s ruling:  The judges say that ProtectMarriage has a legal standing to defend the discriminatory ban on same gender marriage.  That clears the way for Prop H8 supporters to appeal Judge Vaughn R. Walker’s decision declaring the ban unconstitutional.

No Shocker.

As for  what’s next, Prop 8 Trial Tracker reports,” many legal observers believe the 9th Circuit is likely to adopt the CA Supreme Court’s opinion and say Prop 8′s proponents do have standing to appeal.  That’s not for certain, however, since the proponents could have standing under California law but not in federal court (i.e., a federal appeals court).  It’s uncertain when the 9th Circuit will issue its ruling, though many legal observers believe it will be sometime in the next few months, and it may even hold another hearing for additional arguments.

Here’s the hopeful news, according to the L.A. Times,”The 9th Circuit panel considering the gay-marriage dispute indicated in a hearing last December that it was leaning toward overturning  Proposition 8 if the standing question could be resolved.”

Read the full Supreme Court decision here. 

For an overall synopsis of what the ruling means click here.

Prop 8 Trial Tracker has a great explanation of long and winding road that led us to today’s decision.  Click HERE.


One Response to Prop. H8 Watch: CA Supreme Court Sides with Proposition Supporters

  1. I think this is a good decision. If we want to be treated fairly according to due process, we must accord due process to our opponents, no matter how strongly we might disagree with their position.

    It is far better to allow these uninformed Prop8 proponents to drown in their own lack of legitimacy in a very public way, than to gag them. This is where I believe Freedom of Speech works very much to our advantage.

    We have little to fear and everything to gain every time we have a public debate. I remember well how the public debates between Harvey Milk and Anita Bryant helped people re-evaluate their prejudices.

    I say, let them say all the have to say, and then let us be heard in response. The public can judge for themselves. After reading the entire transcript of the Judge Walker hearing twice through, I am now very much looking forward to hearing what the Prop8 crowd have to offer this time.

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