Litigation

Commentary Continues on Prop. 8

By Charlie Hall

The Ninth U.S. Circuit Court of Appeals’ intervention this week in the Proposition 8 case has triggered a wave of commentary, and of speculation about what the court’s action means for same-sex marriage in California.

The appellate court imposed a stay on a ruling by District Judge Vaughn Walker, who had declared that  Proposition 8 violated the U.S. Constitution. By different accounts, this is bad news for supporters of gay marriage, indicating that the Ninth Circuit might overturn Walker on the case; or that the appellate court may find that a citizens group defending the ballot measure had no legal standing to appear in court, invalidating the entire trial. Alternately, another article suggests gay-marriage supporters may be the beneficiaries.

The articles, with this full range of viewpoints:

• “Reading the Tea Leaves on the Ninth Circuit?s Stay Order in the Proposition 8 Case,” American Constitution Society blog, Loyola University Law Professor Rick Hasen.
• “If  Hard-Won Court Victory Against Prop 8 Is Tossed Out, You Can Thank Jerry Brown,” Huffington Post, Peter Scheer, executive director, First Amendment Coalition.
• Why The Ninth Circuit?s Stay on Gay Marriage Might Help Supporters? Chances,” Washington Independent, by Jesse Zwick.

Full post as published by The Gavel on August 19, 2010 (boomark / email).