Prop-8 Arguments Today - What will happen?

Yahoo front page:

Breaking News: Federal judge strikes down California’s same-sex marriage ban

Nicely done, Judge Walker…

Overturned.

Link.

3 cheers for rationalism.

And he invalidated on rational basis scruntiny, the lowest level of scrutiny possible. :slight_smile:

You can read the decision here.

Nice to be able to be proud of my state (for the most part) again.

One more for the good guys! :smiley:

High Fives all around!

Any judgement on the stay?

This is awesome. Finally someone with clout calls the anti-SSM crowd on their bullshit drivel.

I did not expect this.

Better still:

Waiting to see if the religious right can still complain of bleeding-heart commie-liberal-activist judges appointed by Clinton.

ugh. that may not be the best thing.

is a finding of grounds for an EP violation (be it SS, RR, etc.) reviewed de novo or the lesser standard? anyone? Bueller?

because if it’s de novo, and if the COA and the SupCt keep rolling with rational basis review (which they may not) it’s not clear that that decision would stand.

(haven’t read the opinion - this is a knee-jerk reaction)

The judge granted a stay (at least for the next 48 hrs). So any bets on how long it’ll take to get to SCOTUS?

Minimum of a year I’d think…probably two.

They still have another appeals court in the way before the SCOTUS (and it seems after the three judge ruling they can go for an “en banc” panel of 11 judges…although I think that could be skipped and an appeal to the SCOTUS can be made instead).

As an interesting (if irrelevant) side point, Ted Olson’s wife was Barbara Olson, the well-known attorney and conservative pundit (who represented Bush in Bush v. Gore) who was killed on 9/11.

The freepers are currently calling him a liberal and a homosexual.

http://www.freerepublic.com/focus/f-news/2564674/posts

Arnold responds:

You can’t really be all that proud with the majority of the voters in the state, but you CAN be proud of the U.S. Circuit Court. Good on em.