Federal Prop 8 Trial | News | Proposition 8 | Supreme Court

Prop 8 from the Beginning: VIDEO

Afer_prop8

The American Foundation for Equal Rights has just put out this video chronicling the Proposition 8 case from its beginning.

Watch, AFTER THE JUMP...

The next possible day that the Supreme Court could rule on the marriage cases is this Monday. Find out where 'Day of Decision' rallies are happening around the country on this page.

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  1. That is very moving. As a gay Californian I can only say we have seriously come a long way and it has been a very big struggle. With or without the approval of the Supreme Court we will never give up the fight for equality.

    Posted by: Mike Ryan | Jun 15, 2013 1:05:00 PM


  2. I hope to be joining my husband,and my community in celebrating the Scotus decision within the next two weeks!

    Posted by: Jim | Jun 15, 2013 5:24:31 PM


  3. @Jim: Don't plan on celebrating until you hear the decision. There are some very weird outcomes that are possible, particularly if the Supreme Court throws out the appeals on the basis of standing.

    It seems that Judge Walker's jurisdiction did not cover all of California, so a ruling on standing could result in Prop 8 being thrown out in only part of California. I heard this from a person who teaches law at Stanford University during a casual discussion. He mentioned it because they had some exams coming up and the right answer on a conceivable question might change during the week, with a possible need to schedule an extra class to cover the change in the law. The law professor was not expressing an opinion on gay rights, but was just explaining why the decision might impact his schedule.

    Posted by: Bill | Jun 15, 2013 5:48:46 PM


  4. The case in front of Judge Walker was not a class action, so - in theory - it applies only to the 2 couples who were party to the case. So it's not a geographic thing, it's about who was party to the case.

    That said, as a practical matter, a precedent has been set, so preventing other gay couples from marrying would only lead to a deluge of cases flooding the courts for an issue that has already been decided. It is expected that the governor and state attorney general would provide guidance to the effect that the ruling applies to all Californians. Then we will see if some county clerks (who actually issue marriage licenses) refuse to issue licenses to gay couples.

    Posted by: David | Jun 16, 2013 9:19:46 AM


  5. @David: the geography is important - Judge Walker's precedent would or could be binding only in his district, which does not cover the whole state, although other judges would certainly read his opinion in making their own decisions. While the governor and the state attorney general can provide guidance, that guidance is merely their opinions and a judge is free to ignore it.

    The problem is that exactly what would happen is not clear. There are lots of ways it could turn out. We can hope for the best, but one shouldn't declare victory prematurely.

    Posted by: Bill | Jun 16, 2013 4:31:01 PM


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