Prop 8
Perry v. Schwarzenegger was decided in District Court, never higher ... so it has no legal authority outside of that court.
Hollingsworth v. Perry ... court never ruled on the central issue of the case.
If people have questions the actual text of both the majority and minority opinions in these cases are available online.
“Justice Kennedy, writing for the minority, said the views of the California Supreme Court on the proponents’ standing should have been respected,[10] because “the basic premise of the initiative process [and] the essence of democracy is that the right to make ...”
The Perry District Court decision, being left intact if not affirmed by SCOTUS, is persuasive authority, albeit not controlling, everywhere. But it is Windsor that matters, because in Windsor SCOTUS found that laws which impair gay marriage violate gays’ Constitutional rights.
While Windsor could only overturn the section if US DOMA at issue, it is virtually impossible post Windsor for another court to uphold any constraint on gay marriage when made at issue. Read the Utah AG pleadings. Very weak, because the AG clearly recognizes the debate in the courts is over, but had to pretend otherwise.