Butch Femme Planet - View Single Post - Same-Sex Marriage Update

AtLast · 08-13-2010, 07:32 PM

Does anyone know that if the appeal is struck down by the 9th Circut and the opposition (Prop 8 proponents) then try to go to the SC and it just does not take (cert)..... will Judge Walker's (and a 9th Circut strike-down) ruling then stand?

I know that one of the motivations behind the case brought was to just get the constitutionality issue to the federal SC, but, the SC can refuse to hear cases. Obviously, this one might just be one it wants to take on, but if not (or until it does) and the 9th Circut upholds Walker's decision, then same-sex marriages could simple happen and continue in CA, correct? And the opinion be used as precident setting for other states, yes?

Trying to put together some analysis I heard parts of today and not certain if my line of thinking is correct. Thinking about how critical it is for these marriages to get going again in terms of strenghth of numbers, etc. and the case for there being some same-sex couples married in CA and others not being allowed to under an unconstitutional amendment (which Prop 8 is in CA).

08-13-2010, 07:32 PM	#439
AtLast Infamous Member How Do You Identify?: Woman Preferred Pronoun?: HER - SHE Relationship Status: Relating Join Date: Nov 2009 Location: CA & AZ I'm a Snowbird Posts: 5,408 My Photo Gallery Thanks: 11,826 Thanked 10,827 Times in 3,199 Posts Rep Power: 21474857	Does anyone know that if the appeal is struck down by the 9th Circut and the opposition (Prop 8 proponents) then try to go to the SC and it just does not take (cert)..... will Judge Walker's (and a 9th Circut strike-down) ruling then stand? I know that one of the motivations behind the case brought was to just get the constitutionality issue to the federal SC, but, the SC can refuse to hear cases. Obviously, this one might just be one it wants to take on, but if not (or until it does) and the 9th Circut upholds Walker's decision, then same-sex marriages could simple happen and continue in CA, correct? And the opinion be used as precident setting for other states, yes? Trying to put together some analysis I heard parts of today and not certain if my line of thinking is correct. Thinking about how critical it is for these marriages to get going again in terms of strenghth of numbers, etc. and the case for there being some same-sex couples married in CA and others not being allowed to under an unconstitutional amendment (which Prop 8 is in CA).