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Awesome!!!!!!!!!!!! Lets hope it sticks this time. I think its horrible that they keep jerking couples around by the constantly changing laws/rulings on this issue.
@TwoCityBride: Agreed.
I don't know the structure of the courts, but this is coming from a federal appeals court. They were ruling on a prior decision made by a circuit court of appeals. So, perhaps this ruling is high enough that it can't be undone?
@mink: There's still a chance that the case could be heard by the United States Supreme Court if the proponents of Prop 8 appeal (which they almost certainly will). But that would be the final step in the process for this specific law. This was a GREAT victory today!
@msbadger7: I was afraid of that. I haven't followed the Supreme Court too closely, by my sense is that it's full of conservative judges right now.
CNN has it now.
http://www.cnn.com/2012/02/07/justice/california-proposition-8/index.html
It still hasn't hit the Fox News website. :)
I let out a woo hoo when I saw this a few minutes ago!!
I'm so happy!! I was so excited when I heard this I was jumping up and down!!!!!
@mink: The 9th Circuit govern CA and a bunch of Western states. Although the ruling just applies to CA, other states within the 9th Circuit will undoubtedly want to fall in line with the precedent set, because lower courts will follow that precedent and similar laws (that violate the equal protection clause) would quickly be found to be unconstitutional in keeping with the ruling.
You are correct in that it can't be "undone," unless their ruling is overturned by the U.S. Supreme Court, but that doesn't mean that the state can't try to pass another law that they think *doesn't* violate the equal protection clause.
But again, the lower courts will follow the precedent set by the 9th Circuit, unless that is overturned by the U.S. Supreme Court.
WOOHOO!!!! Take that Prop 8 and the ungodly amount of money spent on trying to keep 2 people from being happy! How exciting :)
Anyone know/have an opinion of the chances of it going to the Supreme Court, and then this decision being upheld? I kind of want it to be appealed and go to the Supreme Court so that the rest of the country has to fall in line as well, but obviously not if it wouldn't pass once there.
@moonadea: It will go to the full Appeals Court or to Supreme Court within the next year, as the article says. I am curious about actually reading the decision (not that I think it is wrong), but more so because I curious as to how they are using the 14th ammendment. If it goes to the Supreme Court as it is set now, don't count on this judgement standing.
@moonadea: Likely wouldn't reach the U.S. Supreme Court for a few years.
A good look at what's ahead: http://www.huffingtonpost.com/adam-winkler/whats-next-for-same-sex-m_b_1260313.html
I heard it on the radio on my lunch break and did a happy dance in my car! I wonder if this changes anyone's wedding plans!
Makes me think of Miss Scone! I would love to hear her reaction!
Let's cross our fingers that one or two supreme court justices retire before this can make it to them.
I totally started crying when I turned on my computer about 1/2 hour ago and read this on Yahoo! It's about f*ing time!
A friend of mine is clerking for a Justice right now, so I think I might ping him to see his thoughts on whether it's a case they'll take up, but I suspect it's definitely a possibility - but regretably, with the conservative current court I agree they might strike it down. The Supreme Court only accepts about 100-150 cases each year - a small percentage of the cases they are asked to review.
It's unfortunate the stay on marriages was continued, but I'll take small progress over no progress!
I must be really naive, I keep thinking that if it goes to the Supreme Court, it can't possibly be undone because what grounds could they possibly have for calling it constitutional? And then I realize of course it's a possibility. Blah.
Yay for now though!
Hooray! That's great news!
Have all of you seen Prop 8 The Musical? Watch it and celebrate!
@HappierKate: If the Supreme Court says that homosexuals aren't a suspect or a quasi-suspect class, then Prop 8 could be considered constitutional because the standard would be a lot lower and easier to meet.
Justice Kennedy, the swing vote on the Court, has had some prior opinions in favor of marriage equality, so I wouldn't be surprised if the 9th circuit's decision gets upheld even with a more conservative court. We'll see though. SCOTUS probably won't hear the case until next year I'm guessing, so I'm just going to enjoy this small victory for now.
that's great! it's about time that our southern neighbours catch up!
that was the premise of why same sex marriage was made legal in Canada in 2004, because it went against our Charter of Rights that doesn't allow discrimination against anyone regardless of sex, race, religion, or sexual orientation.
hooray for this breakthrough!
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Love is love again in the golden state!
MS-NBC: http://www.msnbc.msn.com/id/46294255/ns/us_news-life/#.TzFoiMjZfkc
The story's so new that CNN doesn't even have it up yet.