On August 15, 2010, I wrote: Prop 8 Rejection Might Be Limited to California
On August 12, 2010, I diaried here:
Prop 8 Standing Issue: Not Good Enough
The night before the Prop 8 decision was announced, I commented that I thought that aspects of this case would allow for it to apply to California only. In the discussion following the ruling, I reiterated that point. Then the standing issue arose—it presents that exact dilemma.
It is—in effect—away of the courts backing out of this issue and leaving California in the status quo ante of In re marriages prior to Prop 8's passage. This is possible because all of the state parties in the case will not appeal. You can read an in depth take on the standing issue here.
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I'm very conflicted on this issue. If I believe that the courts' finding no standing would settle the issue for California once and for all, I would be very tempted to think that was great (sorry, nation), but I'm afraid that it won't "once and for all."
It's always nice to be four months ahead of the curve. Today in theLA Times after the hearing:
Federal appeals court judges Monday seemed headed toward a decision that could reinstate same-sex marriages in California while avoiding a ruling of national sweep that would invite U.S. Supreme Court action.
The judges explored at least two routes that could achieve that goal. One would be a ruling that California, having granted marriage rights to same-sex couples, could not take them away by popular vote. The other would avoid a decision on the constitutional issues by declaring that gay-marriage opponents lacked the legal standing to appeal a lower court striking down Proposition 8, the 2008 ballot measure that amended the state Constitution.
This would be a HUGE win if it's what happens. It would restore marriage equality to California, not preclude it anywhere else. I know it wouldn't be the national declaration that would settle this issue, but it can't be, not in the 9th Circuit. But if it doesn't end up in the U.S. Supreme Court, and if it stays this way, then it opens the door for other states to go to work.