Prop 8’s slow march to the gallows

Posted on June 5, 2012

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Today a majority the Ninth Circuit Court of Appeals voted to uphold the three judge panel’s decision to uphold Judge Vaughn Walker’s decision that Proposition 8 is unconstitutional.

Basically, Prop 8 is one step closer to being overturned. The Supreme Court will now decide whether or not to hear it. If they decide not to, gay marriage will be legal in California immediately after that decision. If they decide to re-hear it, then there will be another trial.

Only three judges dissented, and their reasons given were that the court was wrong about animus being the only conceivable reason for the law (though they failed to state any other), that the will of 7 million (out of 37.7 million) Californians’ votes were not respected, and also through in something about a definition of marriage that had existed for millennia (ignoring the findings of facts and history itself).

Judges Rheinhardt and Hawkins pointed out that the dissent quoting the President was addressing a question that was not brought up in the case (the judge was deciding on Prop 8 and California’s constitution, whereas the dissenting judges were clearly engaging the repeals of DOMA, which are legally unrelated).

DOMA is facing similar challenges. It has been ruled unconstitutional in:
Mass. v. United States HHS, (1st Cir. Mass. May 31, 2012)
Gill v. Office of Pers. Mgmt. (U.S. Dist. Mass. 2010)
In re Levenson (9th Cir. 2009)
Dragovich v. United States Dep’t of the Treasury (N.D. Cal. May 24, 2012)
Golinski v. United States Office of Pers. Mgmt. (U.S. Dist. N.D. Cal. Feb 22, 2012)

on the legislative side, the Respect for Marriage Act is attempting to repeal DOMA:
Senate Bill 598 . 112th Congress, 1st Session, March 16, 2011
House of Representatives Bill. 1116. 112th Congress, 1st Session, March 16, 2011

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Posted in: Political