Good News....
Jun. 5th, 2012 01:36 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
osodecanelaI suspect many of you have heard already.
The 9th circuit of the Federal Court of Appeals has denied the en banc review of the 3 judge ruling of the Court of Appeals from February, which in turn upheld the lower federal court's ruling from last year, that Prop 8 was unconstitutional under the 14th amendment to the US Constitution. The pro-prop 8 forces have only one option left to them for further appeal and that's to the US Supreme Court.
Whether the SCOTUS will hear the appeal is not clear. They may or may not. Some legal scholars say that the opinions of both the original federal courts ruling, as well as the ruling on the appellate level were worded narrowly enough, that they might choose to leave well enough alone and refuse to hear the appeal. We should know sometime this fall if the Supreme Court will hear this or not.
I wish I could go out an celebrate, but that would be premature.
The fat lady hasn't sung yet, but finally she's in the theater and slowly approaching the stage.
The 9th circuit of the Federal Court of Appeals has denied the en banc review of the 3 judge ruling of the Court of Appeals from February, which in turn upheld the lower federal court's ruling from last year, that Prop 8 was unconstitutional under the 14th amendment to the US Constitution. The pro-prop 8 forces have only one option left to them for further appeal and that's to the US Supreme Court.
Whether the SCOTUS will hear the appeal is not clear. They may or may not. Some legal scholars say that the opinions of both the original federal courts ruling, as well as the ruling on the appellate level were worded narrowly enough, that they might choose to leave well enough alone and refuse to hear the appeal. We should know sometime this fall if the Supreme Court will hear this or not.
I wish I could go out an celebrate, but that would be premature.
The fat lady hasn't sung yet, but finally she's in the theater and slowly approaching the stage.
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no subject
Date: 2012-06-06 12:26 am (UTC)no subject
Date: 2012-06-06 01:47 am (UTC)After marriage equality is the law of the land, the wailing and gnashing of teeth by some folks is going to make Rowe v Wade look like a picnic.
no subject
Date: 2012-06-06 05:06 am (UTC)I don't think it's an accident that it's the states around Mass. that have marriage equality. People have seen and/or met married gay couples. We're not some abstract boogey man of a concept. We're concrete and real. We're your neighbors and relatives and we live across the street, around the corner, and we show up at the local market, the library and at the PTA. And in Mass. society has not come to a standstill, heterosexual marriages haven't started falling apart any faster than elsewhere.
Getting marriage back in this state is crucial for our community. This one state has a larger populate than all places combined in the US where marriage equality exists today. It will put us that much further down the line for our rights nationally.
I suspect that DOMA is going to have a much harder time surviving when it reaches the SCOTUS. When DOMA falls and our marriages get federal recognition, our right to marry will be inevitable.
At least that's my take.
no subject
Date: 2012-06-06 05:57 am (UTC)no subject
Date: 2012-06-06 07:31 am (UTC)They mentioned that sort of argument will be easy for us to win.