Two steps forward, one step back and then waiting in the wings may best describe the next moves for Proposition 8.
U.S. District Chief Judge Vaughn R. Walker ruled Aug. 4 that Prop 8, California’s ban on same-sex marriage, is unconstitutional. That led to hasty predictions that the issue was fast closing in on the U.S. Supreme Court.
But both sides may have to wait years for a final decision on the matter, according to Susan Frelich Appleton, JD, the Lemma Barkeloo and Phoebe Couzins Professor of Law at Washington University in St. Louis.
Supporters of the ban already have requested a stay, pending the outcome of another round of arguments before the U.S. Court of Appeals for the 9th Circuit. After a panel of three 9th Circuit judges decides the case, it could get reheard “en banc,” or by a larger group in the same circuit.
The next step after the 9th Circuit is the U.S. Supreme Court, and both sides have vowed to take Perry v. Schwarzenegger to the nation’s top judges.
But the U.S. Supreme Court may not agree to address the constitutionality of bans on same-sex marriage until the issue has been decided by one or more additional federal courts of law — which may produce different outcomes — Appleton says.
“Sometimes a division among the courts will occur, and such splits make an issue more likely to be heard by the U.S. Supreme Court,” Appleton says.
STRATEGIC SCENARIO COULD MEAN QUICKER DECISION
On the other hand, it’s possible that the high court could take the case immediately after the 9th Circuit ruling. While Gregory Magarian, JD, Professor of Law at WUSTL, agrees that the U.S. Supreme Court may very well postpone a decision until further rulings are made, he says the justices could also proceed quickly as a strategic move.
“If we assume that the justices know their minds on this issue, then the justices who believe they will prevail may vote to take the case in order to resolve the issue now, while the numbers favor their preferred outcome,” Magarian says. “Supreme Court rules require only four votes to take a case.”
Whether it comes sooner or later, the issue warrants the U.S. Supreme Court’s attention, Magarian says.
Opponents of Walker’s ruling complain his decision amounts to “judicial activism” because it overturned an action approved by the democratic process. But Magarian points out that this argument dodges the substance of the issue.
He compares the voters’ opposition to same-sex marriage to the white majority “democratically” keeping black children in segregated schools, and the male majority “democratically” denying women equal treatment under the law.
“Often, the people ‘democratically’ deny dissidents and rabble-rousers the right to express themselves,” Magarian says. “In all of those circumstances, we welcome the courts’ intervention — at least in hindsight. “
RULING BOOSTS EQUALITY IN ALL MARRIAGES
In his decision, Walker called Prop 8 “unconstitutional under both the due process and equal protection clauses” of the 14th Amendment.
While it was two same-sex couples who filed the lawsuit, arguments against it invoked gender equality as well as gay and lesbian rights.
In his opinion, Walker made more than a dozen references to changes over time regarding gender roles in marriage. Noting that marriage once served to uphold strict gender roles such as women raising children and running a household, and men providing for the family, he pointed out that the state of California has abolished marital obligations based on gender — with no harm to the institution.
“One way to analyze Proposition 8 treats it as sexual-orientation discrimination; another way considers it as gender discrimination,” Appleton says. “Under Proposition 8, a man can marry only a woman but not a man, for example, so access to marriage turns on the combined genders of the would-be spouses.
“Judge Walker’s approach promotes marriage equality and equality in marriage, for all women and men, of any sexual orientation,” she says.
LENGTHY RULING EXPLORES SINGLE SENTENCE
Proposition 8 is only 14 words long: “Only marriage between a man and a woman is valid or recognized in California.”
The measure landed on the ballot after the California Supreme Court decided in May 2008 that same-sex couples had a right to marry. Fifty-two percent of California voters voted for the proposition in November 2008.
Its approval prompted two couples to file a lawsuit, alleging Prop 8 violates their right to due process and equal protection guaranteed under the 14th Amendment of the U.S. Constitution. Previous victories for same-sex marriage were decided under state constitutional provisions.
Walker’s 138-page ruling provides a comprehensive look at the federal constitutional issues involved, and is sure to be cited in cases even beyond the 9th Circuit.
“Judge Walker’s thorough review of the evidence and meticulous findings of fact leave Proposition 8 without a constitutionally permissible or legally justifiable foundation,” Appleton says.
Appleton is a nationally known expert on family law, and has written extensively about non-traditional families. Magarian has a primary focus on constitutional law in his research and teaching .
how to get enthusiastic applause using visual aidsMake sure that knee stays an inch above the ground. You’re then going to drive through your right leg, and Fake Oakleys
you’re wholesale football jerseys china
going to replace, as if you’re walking, that left leg in front of you. Online there are lots of online stores selling jerseys of different teams, so you can really get these Steelers jerseys. Many websites selling jerseys are available, where you can get into in order to purchase certain jersey you like. I have to say that I am furious at the NFL!!! It is time for this organization to step up and rise above the controversies about what they knew and when they knew it. It is time for the league and the owners, coaches and players to take a firm, unambiguous position that makes it clear that profits, victories and on field performances cheap jerseys
will not trump the need for these icons, these role models (whether they like it or not) to embrace and transparently live values that honor human dignity. Leftover beads from a jewelry making class, can be strung or glued onto the doll, and made to look like the doll is wearing jewelry. I even saw beads used to make a doll nose and mouth. The Yankees protested and even took the matter to Court, but eventually the home run was allowed and the game was finished on August 18. The Royals finally won the game 25 days after it began.. Ben Youngs and Courtney Lawes were named by Jones as the outstanding players of the autumn internationals and the coach insists he has already got his Six Nations squad picked, and in his head. His fear he doesn’t do hope, but he does do fear is that injury will ruin it.. For example, Sports Management Worldwide offers an eight week, online Football GM Scouting Course that teaches a variety of vital information, such as how to write Fake Oakleys
a scouting report and how to rate player talent for the NFL draft. Graduates receive an SMWW Certificate of Accomplishment.. Don think this is as difficult as maybe some people he had some problems. I think he been fined five times. Alexander of Macedon, arguably the greatest general of ancient times, strove to be the greatest Emperor of the largest empire ever seen. But search all you like, you’ll never find a record of the “Alexandrian Empire.” This is because Alexander refused, even when suffering from an extended illness, to name an heir. “That was like nothing I had ever seen hockey jerseys
before. It just came out of the blue and it was like lightning struck. Fantasy Genius is cheap nfl jerseys
one of several new offerings from the NFL Digital Media team in Culver City, which oversees the league’s presence online and on mobile devices. Since taking control of Fake Oakleys
its digital destiny, the league has assembled a team of 150 people recruited from Silicon Valley start ups, sports networks and the worlds of investment banking and data analysis to create a presence for the NFL across multiple screens..