CALIFORNIA'S PROP 8 STRUCK DOWN

[filkertom]

Major victory for non-traditional marriage. There's a stay (pending appeals), so same-sex marriage does not immediately resume. The whole thing is almost certainly going to the SCOTUS.

Thoughts?

This entry was originally posted at http://filkertom.dreamwidth.org/1486610.html. You may comment there or here, although LJ tends to have a livelier

Comments

[peachtales]

It's a good start.

[redneckgaijin]

Not all that excited as yet... both because, as you point out, it's going to go to the Supremes...

... but also because the case, and thereby the ruling, was argued narrowly enough that I think the people who pushed Prop 8 in the first place will simply retool the referendum item and come at it again.

[kengr]

Thing is, they are running out of wiggle room to justify such referendums, (at least in California).

The Prop8 trial, and now the appeal have demolished the validity of all the arguments they've got.

Not only that, but because the decisions were based on the US Constitution, trying for an amendment to the California state constitution would be equally useless.

Coming up with arguments *not* ruled out and not *blatantly* bigoted is going to be very difficult. Frankly, I can't see them pulling it off.

[annearchy]

Oh happy day!!

[starcat_jewel]

Expect a renewed assault on the 14th Amendment, which is already unpopular with racists, Libertarians, and many Republicans.

[alverant]

LJ needs a like button.

[starcat_jewel]

I find that this icon serves much the same purpose, though in a different way. Feel free to snag -- I don't recall where I got it.

[maiac]

AMERICAblog (and others, I'm sure) points out that the 9th Circuit ruling makes use of Romer v Evans, the Supreme Court ruling that overturned Colorado's state ban on local ordinances protecting gays from discrimination. The Supreme Court would have to deny their own precedent to overturn the 9th Circuit. Mind you, certain members of the Supreme Court would do that without blinking rather than oppose the rightwing agenda. But I choose to be optimistic.