Prop. 8: Round IV

Discussion in 'Politics, Religion, Social Issues' started by bradl, Nov 17, 2011.

  1. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #1
    Here we go again with the latest round of this battle. History on the legal battle is here, here, and here.

    Anyway, the latest round. The 9th Circuit Court of Appeals asked the Calif. Supreme Court to rule on that if the state declines to intervene in the case, if the Proponents of Prop. 8 have legal standing in the case. It appears now with the ruling that came down 25 minutes ago, they do:

    http://latimesblogs.latimes.com/lanow/2011/11/proposition-8-california-supreme-court.html

    http://blogs.kqed.org/newsfix/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/

    KQED has the full press release, summary, and link to the full decision.

    If they didn't have legal standing, this would have died at the 9th Circuit. With this ruling, it is guaranteed that this is going all the way to SCOTUS.

    BL.
     
  2. MorphingDragon macrumors 603

    MorphingDragon

    Joined:
    Mar 27, 2009
    Location:
    The World Inbetween
    #2
    Prop.8 Worthy of the !@#$s that made ACTA.
     
  3. likemyorbs macrumors 68000

    likemyorbs

    Joined:
    Jul 20, 2008
    Location:
    NJ
    #3
    Good. The sooner the better, can't wait for this nonsense to be over with. People in the future will be looking back at us and shaking their heads, just like we do when talking about people 50 years ago.
     
  4. leekohler macrumors G5

    leekohler

    Joined:
    Dec 22, 2004
    Location:
    Chicago, Illinois
    #4
    Doesn't mean much. It just means they can defend it in appeals.
     
  5. bradl thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #5
    True, which is why it is still at the 9th Circuit. However, if the 9th Circuit rules against the Prop. 8 proponents, this now can go all the way to SCOTUS. If the state Supreme Court had ruled that the proponents didn't have legal standing, there wouldn't be a plaintiff at the 9th Circuit, meaning the case gets dismissed on grounds of no legal standing.

    That would have been the difference between same-sex marriage being legal and able to be performed now, versus waiting for a SCOTUS ruling, based on tons of appeals.

    BL.
     
  6. CalBoy macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #6
    Question is, which part is going to SCOTUS?

    The 9th Circuit could still decide that Prop 8 sponsors lack federal standing. If it does, then we could have a round of en banc 9th Circuit oral arguments followed by an appeal to SCOTUS on just the standing question.

    If, and this is a big if, SCOTUS reverses itself and finds standing here, it would probably involve yet another full round of litigation over the actual merits of Prop 8.

    I don't see SCOTUS finding standing for Prop 8 sponsors. Arizonans for Official English v. Arizona was fairly recent (and unanimous) as far as legal history is concerned. 5 out of the 9 judges are still on the Court and with the current mix of judges, I don't see any particular desire to rewrite Article 3.
     

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