Wednesday, August 4, 2010

Proposition 8 Overturned

The era of marriage discrimination in California that began in November 2008 is perhaps over.

Chief U.S. District Judge Vaughn Walker overturned controversial Proposition 8 which banned gay marriage in the State of California just months after the California Supreme Court ruled in favor of it. While Walker overturned Prop 8, it's likely he or the 9th District Court will issue a stay of the ruling which will delay its implementation until it is finally decided.

The case, known as Perry vs. Schwarzenegger, will very likely be appealed to the 9th Circuit Court of Appeals and then move on to the Supreme Court. Former U.S. Solicitor General Theodore Olson and famous attorney David Boies (best known for their previous work in the landmark Bush v. Gore case in 2000) teamed up on behalf of the plaintiffs.

Governor Arnold Schwarzenegger and California Attorney General (and current Democratic candidate for Governor) Jerry Brown both refused to support Prop 8 in court, so Protect marriage, the same group that pushed for its passage, is providing the defense.

For now, all is on the way to being right in California, and this ruling could have far-reaching fingers if it is upheld in the Circuit Court and in the Supreme Court.


Myranda said...

Legal question: if the ruling is upheld in the SC, does that mean marriage equality for the entire country or just California?

Jon E. Easter said...

I am no legal scholar, but I know many of my readers are.

From what I hear, though, if Prop 8 is declared unconstitutional, that sets a precedent against all other laws like it in every state.

Help folks?

Anonymous said...

Also, no legal scholar, but would think Prop 8 needs to be declared unconstitutional at the federal judiciary level before it would apply to all states.

Indy Student said...

My understanding is that, if the Circuit Court rules and the Supremes decline to rule, it'll only apply to California. Whereas if the Supremes rule, it'll apply to all states and likely strike down every marriage amendment in state constitutions.

Anonymous said...

Right that, IS! SCOTUS is the judiciary body I was meaning to indicate.