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Court Punts on Proposition 8, Gay Marriage to be Legal in California

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  • Strongly Liberal Democrat
    Democrat
    Portland, OR
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    In a 5-4 decision, the Supreme Court ruled that the traditional marriage activists who brought the case did not have the legal standing to argue Proposition 8, which means that Proposition 8 will now be gone in California. The opinion was very narrowly tailored to Proposition 8 and the Supreme Court's decision that a private party didn't have legal standing to argue the case.

    While it is not a sweeping ruling, it is still a great day for California. After the DOMA ruling, I have a feeling we are beginning to see the ice crack with regards to marriage equality in this great country of ours. Thoughts on the Court's decision to punt on Proposition 8 and finding a way to make a very narrow ruling?
  • Democrat
    Massachusetts
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    The ruling doesn't smack of a deliberate attempt to make a very narrow ruling. Some of the comments took serious issue with the idea of allowing private entities to contest federal decisions regarding state laws.

    I, too, see cracking, but not ice cracking, but rather the nation itself cracking. Most of the states will eventually do the right thing and sanction same-sex marriage, but some states will doggedly resist, putting (or having put) poison pills in place to solidify their offensive stance in such a way that the progression of time would have a hard time remedying the offenses.
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    We should note that the Prop 8 ruling was less about gay marriage, but rather whether the Appeals Court had jurisdiction. The court ruled that the the appeals court did not have jurisdiction in this case, which means that the lower federal judge's opinion overturning Prop 8 stands.

    Although the vote was 5-4, the dissenters in this case were not the same as for DOMA. Thomas, Alito, Kennedy and Sotomayor were the dissenters.

    The majority opinion was rendered by Roberts, Scalia, Kagan, Breyer and Ginsberg.

    Huffington Post: Supreme Court Rules On Prop 8, Lets Gay Marriage Resume In California

    "By a 5-4 vote, the justices held in Hollingsworth v. Perry that the traditional marriage activists who put Proposition 8 on California ballots in 2008 did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial."
  • Democrat
    Massachusetts
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    Correct: The relevant decision with regard to Prop 8 was the district court ruling.