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News & ArtsTuesday, June 5, 2012
LGBTQITSLFA Prop 8 Headed to Supreme Court
Posted by Dan Savage on Tue, Jun 5, 2012 at 10:36 AM
Another day, another marriage ruling from a federal court:
A federal appeals court Tuesday rejected an appeal of February’s ruling that overturned Proposition 8, a move that is likely to send the debate over same-sex marriage to the U.S. Supreme Court. The decision by the U.S. 9th Circuit Court of Appeals paves the way for a high court decision on gay marriage by next year.... A three-judge panel ruled 2-1 in February that the ban violated federal constitutional guarantees but limited the effect of the ruling to California. Sponsors of Proposition 8 asked the 9th Circuit to assemble an 11-judge panel to rehear the case. A majority of the circuit’s active judges voted against such reconsideration.
The haters wanted a rehearing, they didn't get it. Joe My God is tracking reactions from gay rights orgs.
1
Since Prop 8 technically only affects California, the Supreme Court could very well decline to hear it. That would allow the existing decision to stand, invalidating Prop 8. That would be very sweet.
2
So what kind of timeline can we expect to hear back on the next step? The next step is to hear whether the SCOTUS will hear the case at all, right?
3
Yeah..IDK what the position here will be. I'm kinda hoping the SCOTUS doesn't hear it. Next year's political climate could be very different & it could have dire ramifications for equality if the court ruled that Prop 8 be upheld.
OTOH, if Loving v. Virginia had stayed at the state level & not gone to the Supreme Court, how many more years would interracial marriages have been illegal for? That ended the state to state nature of that type of legal discrimination.
We are at a definite cultural tipping point.
OTOH, if Loving v. Virginia had stayed at the state level & not gone to the Supreme Court, how many more years would interracial marriages have been illegal for? That ended the state to state nature of that type of legal discrimination.
We are at a definite cultural tipping point.
4
The haters wanted a rehearing, they didn't get it.
My understanding is that they didn't really have much to say to begin with, lacking evidence & all.
My understanding is that they didn't really have much to say to begin with, lacking evidence & all.
7
All analysis I have seen would leave a SCOTUS hearing up to Kennedy, a 50/50. But the findings of fact in the original hearing were super-huge, and Olson and Boies have been before the SC many a time before. I want this to go all the way.
8
And anyone who has not seen it: https://www.youtube.com/watch?v=qlUG8F9u…
"8" is Dustin Lance Black's dramatization of the origianal hearing using excerpts from the trial transcripts. The cast: George Clooney, Brad Pitt, Martin Sheen, Jamie Lee Curtis, Kevin Bacon, and Jane Lynch as Maggie Gallagher.
It is awesome.
"8" is Dustin Lance Black's dramatization of the origianal hearing using excerpts from the trial transcripts. The cast: George Clooney, Brad Pitt, Martin Sheen, Jamie Lee Curtis, Kevin Bacon, and Jane Lynch as Maggie Gallagher.
It is awesome.
9
@1 - There seems to be a lot of hope that SCOTUS will decline to hear this case, but I tend to think the justices will want to have their say on it because it relies so heavily on Romer and they'll want to control where that line of precedent is going.
@3 - We're nowhere near the tipping point the country was at when Loving was decided. Back then, the court was just getting rid of some very old (centuries, in some cases) anti-miscegination laws on the books of just 16 states. Today, they'd be undoing very recent, voter-enacted bans in 36 states. The court might see where this is all headed in the long run, but they won't go there until most of the country is already there first.
@3 - We're nowhere near the tipping point the country was at when Loving was decided. Back then, the court was just getting rid of some very old (centuries, in some cases) anti-miscegination laws on the books of just 16 states. Today, they'd be undoing very recent, voter-enacted bans in 36 states. The court might see where this is all headed in the long run, but they won't go there until most of the country is already there first.
10
MacCrocodile @2
"Now that en banc rehearing was denied, the proponents have 90 days to file a petition for certiorari to the Supreme Court, seeking review of the decision striking down Proposition 8. It’s likely that Justices at the Supreme Court would have their conference to take up the petition and decide whether to grant review or not sometime after their summer break in October. Oral argument would follow a few months later, and then a final decision would be issued by June or July 2013."
From: http://www.prop8trialtracker.com/
"Now that en banc rehearing was denied, the proponents have 90 days to file a petition for certiorari to the Supreme Court, seeking review of the decision striking down Proposition 8. It’s likely that Justices at the Supreme Court would have their conference to take up the petition and decide whether to grant review or not sometime after their summer break in October. Oral argument would follow a few months later, and then a final decision would be issued by June or July 2013."
From: http://www.prop8trialtracker.com/
11
@7 - I agree completely that Kennedy is the swing here and I believe he's going to want to be on the right side of this moment in history.
12
I hope you're right, #7 and #11. John Roberts scares me, though--and he seems to be intent on advancing the conservative agenda.
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