Prop 8 at the Ninth Circuit Court of Appeals

The drama continues. A few days after issuing his decision overturning Proposition 8, Judge Walker proclaimed that gay marriages would recommence in California unless his decision was stayed by a higher court. Thankfully, the Ninth Circuit Court of Appeals has intervened. They said that Judge Walker’s decision is suspended until at least December, when they will hear an appeal from our side.

Some now question if the case will make it all the way to the United States Supreme Court due to the question of standing. Because the lawsuit was originally filed against the Governor and Attorney General, the argument goes that only they have the right to appeal the decision. It seems kind of stupid that the Protect Marriage coalition was allowed to defend Prop 8, but now may not have the authority to appeal the case. Anyways, that’s one of the issues the 9th circuit has to work out.

If this makes it to the U.S. Supreme Court, legal scholars are estimating that it won’t be until mid-2012 at the earliest.

Keep praying!

Prop 8 Overturned…for now

Here we go again, thanks to Federal Judge Vaughn Walker. Do you remember how this all started? Back in May 2009, Kristin Perry and Sandra Steir were denied a marriage license because they were a same-sex couple. They sued several state officials, and this went to trial as the case of Perry v. Schwarzenegger. This past Wednesday, Judge Walker finally issued his ruling on the case. He found that Proposition 8 violated the United States constitution (not just the California constitution) because it infringes on gay couples’ rights to equal protection and due process.

What does this mean for defenders of traditional marriage? Nothing yet. Judge Walker’s decision is being appealed, and both sides figure it will end up before the United States Supreme Court. (That could take two or three years.)

What’s at stake? Everything. If the Supreme Court upholds Proposition 8, then the five states and one district that currently allow gay marriage (Massachusetts, Connecticut, Vermont, Iowa, New Hampshire, and the District of Columbia) would be forced to change their laws. If Prop 8 is struck down, the other 45 states would be forced to allow same-sex couples to marry.

Let’s pray that this turns out well.

For in-depth analysis and discussion of the trial, go to www.prop8case.com

Update on the Battle to Preserve Marriage

United Families International gives a good summary of the marriage battles being fought in New England, Washington D.C., New York, and California. Go here for more details.

For an update specifically on Prop 8, see this recent article from theatlantic.com As you probably heard, the California Supreme Court upheld Prop 8 back in May. But now, an appeal to the federal courts has been filed by the American Foundation for Equal Rights. The fight continues. . .

Prop 8 Upheld!

The California Supreme Court finally issued a ruling on the legal challenges to Proposition 8. The good news – Prop 8 stands! The bad news – existing same-sex marriages will not be invalidated. Go here to read the news release from the California Supreme Court.

California Supreme Court to Announce Prop 8 Ruling on Tuesday

At last, the moment we’ve all been waiting for. The California Supreme Court announced that it will “issue an opinion in three cases challenging the constitutionality of Proposition 8 at 10 a.m. on Tuesday, May 26, 2009.”

If the court upholds Prop 8, please don’t egg my house.

Here’s the link where the ruling will be posted.

For more info and commentary, see:
Pearl Diver’s Thoughts
What Tuesday’s Ruling Will and Won’t Mean
LA Times article
San Francisco Chronicle article