Tuesday, February 7, 2012

Via Queerlandia: Why the Supreme Court May not Touch the Prop 8 Case

Image from sfappeal.com

With the histori: c decision by the 9th U.S. Circuit Court of Appeals today, Prop 8 looks to be dismantled. There is still a stay in place on gay marriage while this moves up the chain further, but the limited scope of the case may keep the Supreme Court from taking up the issue.

The 9th U.S. Circuit Court of Appeals ruled that Prop 8 was unconstitutional today because “the people of California may not, consistent with the federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of the right to use the official designation that the state and society give to committed relationships, thereby adversely affecting the status and dignity of the members of a disfavored class.”


This case was about the voters taking away the rights of a minority, not about the right to marriage equality in general. While this is a huge win for the people of California (and potentially Washington), this case will probably not have any bearing on the rest of the country. Because of this, the Supreme Court may decide that this case is not worth hearing. Since this case only affects California for now, the Supreme Court may pass on this, which is good for the citizens of California.

read the rest of the article here

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