Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BuckeyeTexan
LL please correct me if I am wrong: Prop 8 is struck down by the decision of the U.S. District Court even though the CA Supreme Court upheld DOMA. This is because the State of CA was still defending Prop 8 when it was appealed to the U.S. District Court (Judge Walker.) SCOTUS ruled that when CA refused to further defend Prop 8 and the petitioners appealed to the 9th Circuit on behalf of the voters of CA, they did not have standing to do so. So Judge Walker’s decision overturning Prop 8 stands. Same-sex marriage is legal in CA.

That's how I read it, with two caveats:

(1) the anti-gay marriage folks can go back to the district court and try to get it to vacate its decision on similar grounds; the judge who ruled against Prop. 8 has now retired, so that argument will go to another judge.

(2) If that fails, same-sex marriage will be legal in California but without setting any precedent for any other state.

295 posted on 06/26/2013 8:09:42 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 217 | View Replies ]


To: Lurking Libertarian

Thank you, darlin’. I appreciate you!


381 posted on 06/26/2013 9:19:51 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 295 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson