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Article Source: The San Francisco ChronicleThe state Supreme Court refused to come to the aid of California's embattled ban on same-sex marriage Wednesday, denying a conservative group's request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge's ruling striking down the voter-approved measure.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/08/BAE81FATL8.DTL#ixzz0z69jsa9R
Sorry about the headline. This is the first time I've actually seeded an article.
In any case, always something interesting going on with this case.
#1 - Fri Sep 10, 2010 12:39 AM EDTSomething interesting going on is a very true statement.
This is kind of a catch 22. While it is great that we won, we actually need the opposition to appeal or else the case will stop in California and never move to the district or supreme courts.
Which is exactly why I think things are happening the way they are. This keeps it contained to just California.
However, the case on it's own has presented precedent that groups can use in other states going forward. And I imagine that will happen, especially if the defendants fail to get an appeal through.
It's only a matter of time. At some point, this will have to addressed on a wider scale. For now, I'll take any victory, even if it's not quiet the one I would have liked to see.
The victory is nice, but I'm not getting any younger. I need this to move along. The projected path to the Supreme Court for this particular case is estimated at 5 years. I'd hate to see it have to start all over again in another state.
Mike,
You and me both. But a victory, even just in one state, is still a victory. And it will make it easier to achieve the same thing in other states.
Assuming the Conservatives don't succeed in getting a constitutional amendment passed, at least. And if they do, yeah, I'm out of here anyway.
Even if it stays limited to California, that's still good news. Having the most populous state in the Union recognizing gay marriages means lots of gay marriages, just in a pure numbers way. The more gay marriages there are, the more likely it is that the legal minds behind the long-term national strategy will be able to find the perfect set of test cases to take to the SCOTUS on full faith and credit grounds (probably easier to argue, ultimately, for a 50-state ruling).
Spiffie,
Excellent point regarding being able to find perfect test cases for SCOTUS. I'm still riding high on the fact that we a) won the first case, and b) the attempts at appeal were ultimately shot down.
That, and this whole thing has been fascinating to watch. I keep a bag of microwave popcorn at the ready for the next bit of breaking news.
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