What's Next In The Battle Against Prop 8?

[racaulk]

What's Next In The Battle Against Prop 8?

Thursday kicked off another emotional rollercoaster for many California couples as U.S. District Court Chief Judge Vaughn R. Walker rejected a permanent stay of hisAugust 4th ruling striking down Prop 8, but allowed a grace-period for the Ninth Circuit appellate court to decide whether to grant its own stay or let marriages resume on August 18th. Both sides of this issue have filed their motions in response to Judge Walker’s ruling, and now the Ninth Circuit seems poised to rule on the stay before August 18th, perhaps as early as today.

If the Ninth Circuit denies the request for a stay, the anti-gay Prop 8 forces could then ask the United States Supreme Court to issue one. Such a request would be directed to Justice Anthony Kennedy, who could either rule himself or submit it to the full Supreme Court. There are several other permutations possible, including the Ninth Circuit issuing a stay while it considers the appeal, or quick denials all around leading to marriages resuming soon. We’ll have to see how it unfolds; hence, the nerve-wracking suspense and high emotions.

Meanwhile, though, there was a lot to celebrate in Judge Walker’s ruling.

Much like his initial decision declaring Proposition 8 a violation of the Constitution’s guarantees of equal protection and due process (the freedom to marry), Judge Walker’s ruling was thorough, solid, and smart. He noted that, once again, the Prop 8 proponents failed to show any evidence, or provide any clear explanation, of how they are harmed if same-sex couples share in marriage. Judge Walker noted, in fact, the state of California itself has said it doesn’t wish to appeal and doesn’t even want a stay. As Governor Arnold Schwarzenegger and Attorney General Jerry Brown put it, California has no interest in discriminating and marriage for same-sex couples “is consistent with California’s long history of treating all people and their relationships with equal dignity and respect.” The Prop 8 proponents, who intervened to defend the law in Judge Walker’s courtroom, may not even have standing to bring an appeal, given that they are private citizens who have nothing to do with the administration of marriage and, as Judge Walker remarked in my favorite line, have not “alleged that any of them seek to wed a same-sex spouse.” Since they may not even have standing to drag out the case, the Ninth Circuit may conclude there is no appeal.

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Link: http://joemygod.blogspot.com/2010/08/guest-post-evan-wolfson.html

[GodlessBiker]

1. Judge Walker's decision will be published in constitutional law books for a very long time.

[dickthegrouch]

2. This Catch 22 of standing is soooooo delicious /nt