Why the Supreme Court May not Touch the Prop 8 Case

Image from sfappeal.com

With the historic decision by the 9th U.S. Circuit Court of Appeals today, Prop 8 looks to be dismantled. There is still a stay in place on gay marriage while this moves up the chain further, but the limited scope of the case may keep the Supreme Court from taking up the issue.

The 9th U.S. Circuit Court of Appeals ruled that Prop 8 was unconstitutional today because “the people of California may not, consistent with the federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of the right to use the official designation that the state and society give to committed relationships, thereby adversely affecting the status and dignity of the members of a disfavored class.”

This case was about the voters taking away the rights of a minority, not about the right to marriage equality in general. While this is a huge win for the people of California (and potentially Washington), this case will probably not have any bearing on the rest of the country. Because of this, the Supreme Court may decide that this case is not worth hearing. Since this case only affects California for now, the Supreme Court may pass on this, which is good for the citizens of California.

With the state of Washington in the process of passing marriage equality as well, with a bill similar to Prop 8 potentially on the way to voters, this could be good news for our friends up north as well.

For now, though, nothing is going to change. Same-sex marriage will not move forward until the appeals process in completed. The backers of Prop 8 can either appeal to the full 9th U.S. Court of Appeals or the Supreme Court.

2 thoughts on “Why the Supreme Court May not Touch the Prop 8 Case

  1. I bet the Supreme Court doesn’t touch it with a ten foot pole. They’ll leave this to the State’s for a while longer. As more dominoes fall, they’ll wade into the fray when it’s an easier decision with more states having legalized gay marriage. They played a similar role when it was illegal for blacks to marry whites.

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