The standing decision by the State Supreme Court of Califiornia may be good, bad, or nothing

[dsc]

it all depends on what the 9th circuit does. First, what happened today. The State Supreme Court of California ruled that proponents of a initiative have the right to assert the state's interest in defending the initiative if the state refuses to do so. This allows them to sidestep the idea that in order to be able to bring a suit you must have an specific identifiable interest not a general interest.

It seems the court based this on state cases and a broad state right to defend initiatives. Thus the federal court could decide to not accept the ruling. That is unlikely but possible. The Supreme Court can also revisit the standing issue when they get the case, which I think is somewhat more likely. If the feds end up disagreeing with California then this decision is nothing and California will have marriage equality.

It could be a good thing if the case goes en blanc to the 9th circuit or to the SCOTUS and the ruling is upheld on the merits. Then not only would we have marriage equality but all government discrimination (state, local, fed) would disappear. This would, of course, be an amazing result.

It could be a bad thing if the SCOTUS overrules the case. It will all depend on Kennedy and maybe Kagan (who is on the record saying there is no 14th Amendment right to marriage equality).

Today may have been an important day, but we won't know for at least a few years.

[William769]

1. I don't believe it will be a few years.

The hurdles are out of the way & I believe it is now on a fast track to a final decision.

Kennedy will do the right thing when this case reaches the Supreme Court as he has done in the past on Gay rights issues.

All the negativity in the world that people post won't change that fact.

[dsc]

2. Honestly I don't know what he will do here

I haven't followed his view on standing so I don't know if he is a conservative on that or not. I could see him saying to the conservative four that if they agree with him on standing and let a pro marriage decision stand for California he will just leave it at that and not expand to the US as a whole.

[William769]

3. One thing in our favor is three State Supreme Courts have said it is unconstitutional.

Thats why the Constitution in California was amended.

Conservatives are shaking in their boots right now because they know there is no chance in hell of amending the U.S. Constitution to ban Gay marriage & when this goes to the U.S. Supreme Court our chances are a lot better than theirs at winning which would mean in the States where they have won the battle with their bigotry, they will have lost the war.

Does this mean I'm hopeful? Sure does! I will only lose hope once I'm dead & buried.

[beyurslf]

4. If the SCOTUS accepts the case and then overturns it,

effectively saying it is okay to ban marriage for some people (which I think is unlikely), it will end up being in the ranks of Dred Scott and Plessy as worst decisions ever by the Court. I hope Citizens end up on that list too.