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9th Circuit to Rule Regarding Constitutionality of Proposition 8


The Ninth Circuit Court of Appeals announced on its website that it will be ruling tomorrow regarding the constitutionality question in the Prop 8 case. This is the main appeal, folks!

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  1. I hope they do the right thing, but it's so hard to have confidence sometimes.

    Posted by: Geoff M | Feb 6, 2012 1:38:20 PM

  2. what is going to happen if the reverse the decision?

    Posted by: Emmy | Feb 6, 2012 1:56:04 PM

  3. The 9th circuit court will do the right thing. At least I hope so. It usually does.

    Posted by: Paul R | Feb 6, 2012 2:17:30 PM

  4. I'm nervous. I wonder if they rule in our favor what is the liklihood they'll put a stay on their ruling until the supreme court rules, as our opponents I'm sure will petition for. Walker did it. 9th circuit might also?

    Then what? Another 2 year wait?

    Posted by: Ken | Feb 6, 2012 2:26:11 PM

  5. @ken, and the irony is that he did it with an "expedited" ruling of the district court. meanwhile fast forward a year and a half we're still waiting.

    Posted by: me | Feb 6, 2012 2:32:45 PM

  6. Nervous but expecting good news.

    Posted by: Francis | Feb 6, 2012 2:38:38 PM

  7. Next: SCOTUS.

    Posted by: jamal49 | Feb 6, 2012 2:39:02 PM

  8. next is en banc , then scotus.
    So you’ll know whether you can or cannot marry , 5 years from now.

    Posted by: MalaysianHO | Feb 6, 2012 2:55:55 PM

  9. (not so)fun fact - the 9th circuit holds the distinction for more it's decisions being overturned by the SCOTUS than any other district.

    This will either be a comfort or a worry depending on their decision tomorrow.

    Posted by: badlydrawnbear | Feb 6, 2012 2:57:52 PM

  10. I've never been able to judge the temperment of the gay community. We all listened to the trial and we know Prop 8 should be over-turned. I'm hopeful the CA Sup Court will do the right thing but I'll be very disappointed if it does not. The cries and screams across California will be loud and angry should the decision be that the majority of residents have the right to discriminate against the minority at the ballot box.

    And, of course, whatever the decision the losing side is going to appeal and take it on to the Supreme Court.

    Posted by: OS2Guy | Feb 6, 2012 2:59:45 PM

  11. If they don't overturn then marriages will be legal again barring a stay by SCOTUS, which probably won't act too quickly.

    Posted by: anon | Feb 6, 2012 3:03:47 PM

  12. The ninth could stay their own ruling pending appeal, but that would be strange given the issues involved.

    Posted by: anon | Feb 6, 2012 3:04:49 PM

  13. I think it also depends if the decision is unanimous or not. Justice Smith is a Mormon - will be interesting to see how he rules.

    Posted by: MikeH | Feb 6, 2012 3:20:16 PM

  14. Of course the 9th Circuit will uphold the lower Court's ruling that Prop 8 is unconstitutional. Question is: how long must we wait for Marriage to be restored (will the decision be stayed pending appeal, or will LGBT Marriage resume almost immediately)?

    Posted by: Randall Reynolds | Feb 6, 2012 3:21:16 PM


    Posted by: David Ehrenstein | Feb 6, 2012 3:33:33 PM

  16. Trying not to get my hopes up. Even if they rule in our favor, they will probably issue a stay like Walker did. Then we have to wait for SCOTUS to take up the case. My worst fear: the court rules for Prop 8 and SCOTUS decides not to rule on the case, leaving the 9th Court's ruling in place. I hope that doesn't happen but we will have to wait and see. I'm afraid I've become such a cynic on this whole Prop 8 nonsense.

    Posted by: KP | Feb 6, 2012 3:35:48 PM

  17. Don't expect marriages to resume anytime soon. The next step is an en banc hearing before a much larger panel from the Ninth Circuit, and then the U.S. Supreme Court. There will be a hold on all decisions pending ultimate appeal to the Supreme Court. I think that's 99% likely.

    So my only question is whether or not to support the effort to bring this back to the California ballot in 2012. I want to see the Perry case play out - but in light of tomorrow's ruling, I find my patience running (at least temporarily) thin.

    (Of course, this is all assuming tomorrow's ruling upholds the Walker judgment. Anything else is, to me at least, unthinkable - yet I'm still a bit nervous.)

    Posted by: Zlick | Feb 6, 2012 3:46:34 PM

  18. There is no way we want this US Supreme Court ruling on this. That would be bad not just for the 9th Circuit and California, but for the entire country for decades.

    Posted by: Javier | Feb 6, 2012 7:01:16 PM

  19. Eh, at this rate of "expedited," there will be 33 states ("plus the District of Columbia") with equal marriage, and SCOTUS will just go along for the ride. ;-)

    Posted by: Zlick | Feb 6, 2012 7:27:42 PM

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