Wednesday, August 4, 2010

Proposition 8 Struck Down

Caption: This article didn't really require a picture, but it seems appropriate, and I'm helping Yves Smith out with her link problem.

I can report that something good happened today:

A federal judge overturned California's ban on same-sex marriage Wednesday, the latest twist in a legal saga which could have nationwide implications for the divisive social issue.

In a written opinion, Judge Vaughn Walker ruled in favor of rights activists who argued that a November 2008 referendum which barred gays and lesbians from tying the knot was discriminatory and therefore violated the US Constitution.

Judge Overturns California Gay Marriage Ban

Of course, the inevitable question is, what happens on appeal? The conventional wisdom seems to be that the 9th Circuit Court of Appeals will uphold the ruling. The question on my mind, like many folks I suspect, is what happens at the Supreme Court? Bmaz seems to think that Justice Anthony Kennedy, who is often the deciding vote these days, will come down in favor of upholding this ruling:

I believe that Linda [Greenhouse] is spot on the money with her analysis of what drives Anthony Kennedy in his jurisprudence. And this is exactly what his longtime friend, and Supreme Court advocate extraordinaire, Ted Olson will play on and argue when the day arrives. It is exactly what Vaughn Walker has ingrained in to and framed his extraordinary decision today on.

BREAKING NEWS: Court Overturns Prop 8; Joy For Marriage Equality

So, not so likely. I've learned not to underestimate the Supreme Court, or DC in general, when it comes to abject displays of stupidity, but this may hold up.

At least one thing that happened today was good. That's something.

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