PROP 8 OVERTURNED — Page 3

Conservative legal scholars are doubting that the Supreme Court will even hear the case.

It was so poorly argued in this trial that they're thinking the Prop 8 supporters will lose any appeal and the Supreme Court will simply let the two previous rulings stand.

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Legal marriage has always been a states' rights issue. I can't see the US Supreme Court getting involved now.

A 2006 NY same sex marriage argument built upon on the SCOTUS interracial marriage arguments didn't hold up.

NY also had a 2009 same-sex marriage vote that unfortunately failed because **some** Senators felt pressured when they had to do it in alphabetical order. In short: My state really should not represent any side of the argument on marriage equality.

I'm with madbrian as well. There are plenty of things on the federal level that involve who you are married to and certain benefits provided for spouses.

Updated On: 8/4/10 at 11:03 PM

I feel like it is on its way to the Supreme Court now, and I DO hope they take the case, because of the (I would hope) obvious effect it will on DOMA.

PS - Speaking of congratulating California on Facebook, I found this gem in a friend's feed -

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Wrong right or indifferent, we need to find a way where voters pass bills that don't get constantly sued. Not saying I agree either way, just tired of the voting process being made a fool of.

Followed by someone else saying -
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Interesting - I'm tired of the law being made a fool of by the voting process.

Updated On: 8/4/10 at 11:11 PM

I will make an effort to read the decision in its entirety, but all accounts indicate that it is a very forceful, well-written decision. Part of the appeals process is that issues of law are addressed, but not issues of fact. Judge Walker made a point of listing EIGHTY points of fact, which will almost certainly be accepted as fact as the case progresses.

Rachel Maddow has Olson & Boies on tonight. I HIGHLY recommend recording this episode, which will be repeated during the night.

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Ricky Martin's personal statement, via Twitter, is clearly in the first person:

YEAHHHHH!!!!! #PROP8UNCONSTITUTIONAL MOVING FORWARD!!!!!!!!

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More coverage of first-person reactions!
Reactions to Prop 8

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Ellen DeGeneres, who married Portia de Rossi during the window of time in 2008 before Prop. 8 was passed by voters, issued this statement: “When Prop 8 was passed two years ago, I said, “One day we will look back and realize how wrong this is.” Now, we’ve made a huge step forward. In today’s ruling, the court stated that Prop 8 “fails to advance any rational basis” for denying the right to marry, and the court is right. We’re all equal, and we should all have equal rights. I’m so grateful for today’s decision.”

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From what I have read so far, Walker did an amazing job of documenting the factual findings, which means it will be difficult if not impossible to overturn on an error on the findings of fact.

The only issue which could be the basis for it being overturned is whether the due process and equal protection clause of the United States applies to right to marry someone of the same sex regardless of what state law says. The arguments that the Yes on 8 folks are making are similar to those made during the civil rights struggles in the 1950's and 1960's.

Knowing Kagan clerked for Marshall, she will obviously see the parallels, and if I were betting, I would bet that the ruling would be sustained by the Supremes.

Days like today make me proud to be part of the legal system.

Summary "we have the civil rights to oppress a minority because we are the majority." Send us money so we can keep the strange kids from playing in our reindeer games.

Double post

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Updated On: 8/5/10 at 07:15 AM

Below is a link to the decision. It's lengthy, but well worth it. Also, the legal expert on Rachel Maddow's show commented that the decision contains several references and quotes from decisions written by Justice Kennedy, who is expected to be the swing vote when this gets to the SCOTUS.

Here is Judge Walker's conclusion:

"Proposition 8 fails to advance any rational basis in
singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional." - Judge Vaughn Walker


Judge Vaughn Walker

Walker

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