Prop 8 is Still Far From Settled
I saw a lot of comment almost immediately on Twitter after it was announced that the judge in the case to overturn California’s Proposition 8 had declared the ballot measure to be an un-Constitutional violation of the 14th Amendment. Despite both cheering and booing of the decision, everyone is missing the point that the matter isn’t anywhere near over. There will be an appeal to the 9th Circuit, and most likely it will continue to the Supreme Court. (It’s anyone’s guess as to if the SCOTUS will choose to hear the case or not.) Any victory dancing or lamentations are premature, especially since a stay on the ruling as part of the appeal is very likely.
Quite honestly, Judge Walker made the right decision. The arguments in favor of Prop 8 were weak and amateurish. (ONE witness? Seriously guys?) None of the defendants in the case, including the Governor and Attorney General, chose to argue the government’s case in favor of it. Any judge who actually ruled in their favor would have been rightfully ridiculed as out of his mind.