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News & ArtsMonday, December 6, 2010
Homo A Good Sign from the 9th Circuit?
Posted by Dominic Holden on Mon, Dec 6, 2010 at 2:44 PM
So says Jan Crawford:
The appeals court panel hearing arguments on the constitutionality of the California gay marriage ban indicated this afternoon they will rule it violates the rights of gays and lesbians — with the only question being just how broadly the ruling will be.(That of course assumes the appeals court will reach the question — they first have to decide whether the Prop. 8 supporters have legal standing to defend the law.)
If they reach the merits, the judges today were clearly were skeptical of arguments by the lawyer for Prop. 8 supporters. But at the same time, they also seemed reluctant to issue a sweeping ruling for gay marriage.
As for those less sweeping rulings the judges hinted at, as way of background, I interviewed Lambda Legal about how this could shake out here.
More reactions to today's hearing from Prop 8 Trial Tracker here, and the blow-by-blow of the arguments here.
2
@1 as a Californian, part of me wants to say go narrow so my gay ass can get married here. However, as an American, I hope they go broad and it gets upheld. Unfortunately, I could well see them go broad and then get hammered back to the beginning at the U.S.S.C.
3
@2, no kidding. I'm sure Boies and Olsen want to hit the Supremes with everything they've got to get the ruling for the ages they've been after from the start. But I will be biting my nails - possibly those of my neighbors as well.
6
Never, ever, make predictions on the outcome of a case based on how you think it went at oral argument.
7
I think we'll get a broad injunction across the ninth circuit with 2-3 years of stalling before it even becomes a glimmer in the Supreme Court's eye, meaning come January or February, folks can get married in Pocatello or Wasilla but not, say, Chicago or Austin.
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