Federal appeals court overturns Prop. 8: California's gay marriage ban

Replies to This Discussion

Permalink Reply by Steph S. on February 7, 2012 at 7:01pm

Yay - I saw that on the news! Finally some positive news.

Permalink Reply by Loren Miller on February 7, 2012 at 7:38pm

I hate to be a wet blanket, but it's worth noting that the decision by the three-judge panel was NOT unanimous. There was a Bush appointee in there who apparently didn't see anything wrong with Prop 8 becoming law.

Of course, those who want to insist on denying gays and Lesbians their rights will push right on to SCOTUS, which, considering its current make-up, is going to be potentially problematical.

To be honest, I am not confident.

Permalink Reply by Pat on February 7, 2012 at 7:56pm

SCOTUS is made up of:

Chief Justice John Roberts - a Catholic conservative

Justice Samuel Alito - a Catholic conservative

Justice Antonin Scalia - a Catholic extremist

Justice Clarence Thomas - a Catholic imbecile

Justice Anthony Kennedy - a Catholic moderate

Justice Sonya Sotomayor - a Catholic liberal

Justice Ruth Bader Ginsburg - a Jewish liberal

Justice Stephen Breyer - a Jewish moderate

Justice Elena Kagan - a Jewish liberal

It takes 5 votes to uphold or strike down a State legislative act, a lower Court or State Court ruling, or an act of Congress. What do you think the chances are of Prop 8 being overturned by SCOTUS?

Permalink Reply by Loren Miller on February 7, 2012 at 7:59pm

I'll say it again: if the Supremes uphold Prop 8, fasten yer seat belts and return your seat backs and tray tables to the full upright and locked position ... 'cuz there will be a REACTION from the GLBT community ... and in places, it won't be very polite!

Permalink Reply by Hugh Kramer on February 7, 2012 at 9:16pm

The Supremes may not even take the case because the decision was fairly narrow and only applied to California's special circumstances. In any event, the ruling first has to be reviewed through an appeal to the full 11 members of the 9th Circuit Court (today's ruling was by a 3 member panel of that court) before it can go to SCOTUS.

Permalink Reply by Sentient Biped on February 7, 2012 at 9:19pm

Hugh, thank you for posting this.  With so many trips to the altar, ending with disappointment, I wont hold my breath on this one either.  But by itself, it's very good news.  Certainly better than if it went the other way.  I remember when Obama was elected, then Prop 8 passed the same day.  This country has too many hatemongers, too many religious fanatics, too many bigots.  But it's still good to see this ruling.

Permalink Reply by Hugh Kramer on February 10, 2012 at 8:09am

It's encouraging to see the progress the country is making on civil liberties in the face of entrenched and mostly religiously-based opposition. The best part is that these religious interests are being exposed as enemies of individual freedoms and civil rights. Almost every poll shows fewer Americans supporting their bigotry.

Permalink Reply by Tony Carroll on February 7, 2012 at 11:53pm

Fantastic! Just freaking fantastic. Now I can tell my niece that her dream to marry her girlfriend of 8 years is one step closer to reality. And I will get to walk her down the aisle. That is when it makes it to Louisiana. Not exactly holding my breath. But still a positive step.

Permalink Reply by Sentient Biped on February 10, 2012 at 8:57am

towleroad has a detailed analysis of the rationale behind, and implications of, the Prop 8 ruling. (warning, it's a gay site, but other than a few shirtless men here and there I think it's safe for work.  It won't make you gay)