After declaring a California voter initiative wrongly passed because he disagreed with the citizens’ conclusion, Judge Vaughn Walker took it upon himself to declare anyone who disagreed with him ineligible to appeal to a higher court. Case closed, he thought. He was wrong.
In yet another odd twist to this saga, it’s the notorious Ninth Circuit that has made wisdom prevail, for now anyway, as this process moves forward in the appeals phase. Couples
The 9th Circuit Court of Appeals put gay marriage on hold indefinitely, but agreed to expedite the case, scheduling arguments on Dec. 6…
California’s county clerks were preparing to issue same-sex marriage licenses beginning tomorrow. But they’ll now have to wait until at least the 9th Circuit’s ruling.
The case is expected to wind up before the U.S. Supreme Court eventually.
Media analysts are trying to figure out what might happen when the 9th hears the case in December and rules sometime after the first of the year….and what may come after that. One thing they’re pretty unanimous on is the certainty of an ongoing battle.
Some legal experts say if the appeals court eventually rules Proposition 8 backers cannot bring their petition for relief, the Supreme Court may not seek to intervene further, giving no clear guidance on the larger question of the constitutionality of same-sex marriage nationwide.
And some are certainly hoping that’s the case.