Proposition 8 may not head to U.S. Supreme Court, experts say

[xchrom]

http://lgbtweekly.com/2012/02/08/proposition-8-may-not-head-to-u-s-supreme-court-experts-say/

In wake of Tuesday’s ruling that deemed Proposition 8 as unconstitutional, legal experts have suggested that the ruling is so narrowly written that it may not continue to the U.S. Supreme Court if further appealed by anti-gay groups. The suggestion comes amid the ruling’s language which was written specifically to limit its scope to the state of California conclusively, thereby suggesting that it may avoid later review by a higher court outside of the state’s borders.

Experts say the wording pinpointed California only, “a state where, the justices ruled, voters stripped a minority of a right that already existed and where the usual justifications for a same-sex marriage ban — responsible parenting and procreation — are undercut by domestic partner laws,” the Los Angeles Times is reporting.

“The 9th Circuit decided the case in a way that would allow the Supreme Court to affirm without having to significantly expand on its existing jurisprudence and without having to rule on marriage for same-sex couples on a national scale,” Loyola law professor Douglas NeJaime said.

The anti-gay group ProtectMarriage has vowed to appeal the ruling. If the group chooses to ask a larger panel of the 9th Circuit Court to review the ruling, the case could lollygag for another year. However, if the Supreme Court is sought, the higher court could force a permanent ruling on the measure as early as next year.

[William769]

1. This one may not make it to SCOTUS, but what about all the other

cases pending?

[rurallib]

2. My feeling is that with Kennedy as vote #5 for the winning side

and with his previous votes, the conservatives may want to avoid this as long as they can.
The liberal side may not be able to get 4 votes for cert, so -----
As often happens, i think they really want to avoid this issue.

[Evasporque]

3. Conservatives will be happy to make gay folk suffer as long as possible...

Nothing would give them more glee to learn of an older gay person whose partner dies before they have a chance at marriage....and is left with nothing as relatives strip the remaining partner of all worldly possessions...because they can and are hateful sows.

[rurallib]

4. Also a great point.

[LostinRed]

5. Has anyone heard if gay marriage will now be legal in CA?

I haven't heard anything about the effects of the ruling.

[xchrom]

6. Not yet. There's a waiting period.

Could be 60 to 90 days? I believe.