First off, I'm not certain this makes gay marriage legal. It makes it not illegal, which sounds like splitting hairs but isn't. I don't know how this will affect the validity of California gay marriages, either. Right where they were yesterday - all 18,000 marriages that happened during those 4-5 months were never ruled invalid/void.
The stay preventing further gay marriages remains in place until the Prop 8 supporters appeal - they have 7 days to request an en banc hearing, and that could conceivably be argued through the November election. So it might not even hit the Supreme Court docket this year, and they only take about 1% of the cases thrown to them. (I believe they can skip that and go straight to the Supreme Court for a ruling, but it makes it more likely they'll be turned down - the Supreme Court prefers to take cases that have worked all the levels of judiciary before them. If they do appeal to the Supreme Court, I believe they have 60 days to present the appeal, so it's unlikely to be decided on before the June recess.)
Will they hear this? Probably, just to get people to shut up. The thing is, the 9th Circuit Court ruling is very narrow - it only affects California. That is the one reason it's entirely plausible the Supreme Court will pass on making any ruling. If it affected the entire territory that the 9th rules over, it would be much more likely to be heard.
Romney has said he would restate DADT and order the Justice Department to fight DOMA cases, blah blah integrity of marriage sanctity of country, etc.
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timeasmymeasure
no subject
Date: 2012-02-07 09:37 pm (UTC)Right where they were yesterday - all 18,000 marriages that happened during those 4-5 months were never ruled invalid/void.
The stay preventing further gay marriages remains in place until the Prop 8 supporters appeal - they have 7 days to request an en banc hearing, and that could conceivably be argued through the November election. So it might not even hit the Supreme Court docket this year, and they only take about 1% of the cases thrown to them. (I believe they can skip that and go straight to the Supreme Court for a ruling, but it makes it more likely they'll be turned down - the Supreme Court prefers to take cases that have worked all the levels of judiciary before them. If they do appeal to the Supreme Court, I believe they have 60 days to present the appeal, so it's unlikely to be decided on before the June recess.)
Will they hear this? Probably, just to get people to shut up. The thing is, the 9th Circuit Court ruling is very narrow - it only affects California. That is the one reason it's entirely plausible the Supreme Court will pass on making any ruling. If it affected the entire territory that the 9th rules over, it would be much more likely to be heard.
Romney has said he would restate DADT and order the Justice Department to fight DOMA cases, blah blah integrity of marriage sanctity of country, etc.