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Woo Hoo!!!

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A decision for sanity and a decision against the homophobic and so-called Family Research Foundation.


Colin :hug:

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There is a reason protectmarriage.com successfully fought to keep the Prop 8 trial from being broadcasted live. Their entire position is based solely on blatant discrimination based on religious beliefs and it is painfully obvious in all of their arguments. With the motion to dismiss based solely on Walker being a gay man and in a relationship where he could benefit from legal marriage, they managed to show once again that for them, it is all about the discrimination.

For now, at least, the case rests yet again in the hands of the California State Supreme Court. The 9th Circuit has asked them to determine if protectmarriage.com has legal status to appeal the ruling. In similar cases where a non-governmental entity has tried to defend a law or constitutional amendment, the U.S. Supreme Court has ruled against the non-government organization being eligible to file the appeal. The judges hearing this appeal were the ones whose decisions were overturned in those other cases by the U.S. Supreme Court and they are likely going for a run-around of the previous U.S. Supreme Court decision.

It's not an automatic 'yes' from the California Supreme Court. If the question was about protectmarriage.com defending the law in state court, the answer would be a definitive 'yes'. It's not. The question is about protectmarriage.com defending a change to the state constitution in federal court, and yes that is a significant difference.

Still, don't get a lot of hope up - the California Supreme Court has been shaped by a number of governors over the past twenty years or more. In that time frame, we had a Democratic governor for five years, and Republicans for most of the rest going back to Jerry Brown's previous time in office ending in 1982. That's right, between 1982 and 1998, all of the state's governors were republican. Gray Davis was recalled in 2003 and Arnold held sway since then. Now Jerry Brown is back in charge, but the court is dominated by Republicans and the Chief Justice that started this all by siding for marriage equality has been replaced by an Arnold appointee who might go either way.

There won't be any ruling until September at the earliest, more than likely sometime in October. Then, depending on the ruling by the CA Supreme Court it could be until December or sometime in 2012 before we see a ruling by the 9th Circuit. After that - either way the ruling goes, expect to see it appealed to the US Supreme Court. At the earliest it will be late 2012 before we hear the final word.

Of course, it might just be on the ballot again in 2012 and then the court case woudl become moot if California's voters repealed Prop 8.

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