Poor Prop 8, it never gets the love

leapgirl8

https://www.metroweekly.com/poliglot/2012/02/breaking-ninth-circuit-strikes.html

Haven't read the full ruling yet, but it's good news. Not the last word (may be reheard en banc, or go to the Supreme Court), but good news is good.

Kershnic

Let's not waste any tears on lamey Prop 8.    Woo hoo!  I know marriage equality needs to go through the Supreme Court eventually, but it still scares me...

leapgirl8

Yeah, I am scared of the Supreme Court too. I feel the 14th A. issue is pretty clear-cut at this point, but they are unpredictable at best.

LolaBelle515

LOVE that my facebook feed is full of this news right now:) Yay for being surrounded by allies!

lnelson20

The decision is so narrowly tailored that the SCOTUS might wait and take up the Massachusetts DOMA case instead. The holding, basically that having marriage and then taking it away by a constitutional amendment violates Equal Protection, doesn't have broad relevance just because the facts are so unique. 

Exciting news, however! 

tdmklm

Like I said in TTT - Die in hell, Prop 8. I'm so tired of this DOMA sh*t.

ball.and.chain

lnelson20:

The decision is so narrowly tailored that the SCOTUS might wait and take up the Massachusetts DOMA case instead. The holding, basically that having marriage and then taking it away by a constitutional amendment violates Equal Protection, doesn't have broad relevance just because the facts are so unique. 

Exciting news, however! 

I was thinking the same thing -- the decision really seemed to hinge on the idea that rights should not be taken away rather than that they should be extended in the first place.  Seems like it would be hard to apply that elsewhere.

I still say shame on California for letting people vote on that in the first place.  I lived in the Bay Area at the time and it was an extremely hurtful environment.

Kershnic

Now that I've had a chance to read a bit more about the ruling, I agree that it seems likely that SCOTUS will not take it.  Which I don't think is such a bad thing all and all, because the time and the case need to be right.

bluedaisyus

lnelson20:

The decision is so narrowly tailored that the SCOTUS might wait and take up the Massachusetts DOMA case instead. The holding, basically that having marriage and then taking it away by a constitutional amendment violates Equal Protection, doesn't have broad relevance just because the facts are so unique. 

Exciting news, however! 

I would be pretty surprised if SCOTUS takes it, especially since the reasoning for this ruling was Equal Protection based on SCOTUS precedent (Romer v. Evans, and that was what, 1996?). I wouldn't be surprised to see an en banc hearing though, although I don't think it'll change anything, but I doubt that the stay will be lifted before that happens.

tdmklm

bluedaisyus:

lnelson20:

The decision is so narrowly tailored that the SCOTUS might wait and take up the Massachusetts DOMA case instead. The holding, basically that having marriage and then taking it away by a constitutional amendment violates Equal Protection, doesn't have broad relevance just because the facts are so unique. 

Exciting news, however! 

I would be pretty surprised if SCOTUS takes it, especially since the reasoning for this ruling was Equal Protection based on SCOTUS precedent (Romer v. Evans, and that was what, 1996?). I wouldn't be surprised to see an en banc hearing though, although I don't think it'll change anything, but I doubt that the stay will be lifted before that happens.

Some folks think an en banc hearing is unlikely because it's a fairly liberal court, so we can expect the decision to be upheld. I'm so ready for this stuff not to be an issue anymore. It's SO damn clear that DOMA is unconstitutional... ARGH!