Can anyone double-check my logic re: the Prop 8 ruling and the 9th Circuit?

[TheWraith]

Okay, the judge ruled that the CA gay marriage ban violates the US constitution, specifically with regard to the due process and equal protection clauses.

Now, they're going to appeal it to the 9th Circuit. Now if the 9th Circuit upholds the lower court's decision, does that mean that it automatically invalidates laws against gay marriage in ALL of the states within the 9th Circuit's jurisdiction?

[elleng]

1. No, depends on particular laws in all of those states, and how such cases would arise.

[TheWraith]

3. Maybe I don't know enough sub-SCOTUS con law, but that doesn't track for me.

If the law itself is a violation of the constitution, not just how it was carried out, how is the particular law relevant? When the SCOTUS struck down sodomy laws in 2003 in Lawrence vs. Texas, they didn't have to go through and individually strike down each law, they found them unconstitutional as a class.

[elleng]

6. 'The law itself' would be an issue in each of the other states, different 'laws.'

[TheWraith]

7. I guess what I'm trying to get at is this...

How is Prop 8 in any way different, substantively, than an anti-gay-marriage law in say Nevada or Arizona, that one would be invalid under the 14th (among other things) and others wouldn't be?

[elleng]

8. It really depends on the language of each law; thats the way the system works.

Details.

[Manifestor_of_Light]

2. Eventually it will be legal thr4oughout the land, as it works its way through the Fed circuit courts

Due process clause.

Equal protection clause.

Full faith and credit clause.

No ex post facto laws.

Four extremely good Constitutional reasons right there for gay marriage to be legal everywhere in the jurisdiction of the United States.

Can't be stopped.

Yes, I am a lawyer but I don't play one on TV. :D

[GodlessBiker]

4. I say, yes it does, if CA9 upholds the decision on the same grounds stated in the DC decision.

[Bigmack]

5. I'm so very happy for gay Americans....

but I feel even happier about the consternation in the ranks of the goddam Sex Nazis.

I hope none of them get so pissed they bust a vein and have a stroke and have to be hospitalized with a gay nurse attending them.

(excuse me... just a little fantasy there)