Comments

  1. Ken says

    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?

  2. me says

    @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.

  3. MalaysianHO says

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

  4. badlydrawnbear says

    (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.

  5. says

    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.

  6. anon says

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

  7. anon says

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

  8. MikeH says

    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.

  9. says

    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)?

  10. KP says

    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.

  11. Zlick says

    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.)

  12. Javier says

    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.

  13. Zlick says

    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. 😉