Not to mention the law of unintended consequences, especially when redefining an ancient institution.
BIG Question:
Kennedy has suggested NOT ruling at all at this time.
Normally, if there is no majority opinion from SCOTUS, the PREVIOUS 9th Circuit ruling applies, in which case, prop 8 would be overturned and gay marriage would be legal [for CA only].
My question is whether the 9th Circuit's ruling would stay in place [overturning Prop 8] OR because SCOTUS failed to rule, would the 9th Circuit's ruling be vacated and the CA Supreme Court's ruling apply?
FYI: The CA Supreme Court ruled Prop 8 constitutional, but allowed previous gay marriages to remain in place ...
If they turn it back to the states I’d think the decision of the California supreme court would stand since they are the highest state court in California? Not a legal expert though.....