So there's an effort underway to say "California, please don't appeal this. I mean, if you appeal this, its bad for you guys but live with it, but don't cause the rest of us to have to go down your path."....knowing what Kennedy has already done in two similar cases to this and knowing that he's the deciding vote, the odds are 999 out of 1000 that they'll uphold the California decision.
If they do, there's not a marriage amendment in the country that can stand. And so the problem is that instead of California losing its amendment, now 31 states lose their amendment. And that won't happen if California doesn't appeal this decision. It's just California that loses its amendment.
Thursday, August 12, 2010
Will the Right Yield California to keep other marriage amendments intact?
From Right Wing Watch, an interview with the Other Side.
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5 comments:
There may not be a choice: There is a serious question whether the losing Prop8 proponents have legal standing to prosecute an appeal.
If there is no appeal, the ruling applies only to CA. Will the long record of factual findings be able to be referred to in other cases?
Facts found at trial are specific to that trial, but I could see couples denied marriage in other states bringing suit on equal-protection and due-process ground and then moving for summary judgment, thus forcing the defendant state to bring forth some factual ground for justifying its position that has not already been disposed of by Judge Walker's analysis.
So his analysis could still be referred to in other federal cases?
No reason not to. It's not binding on other federal (or state, for that matter, outside California) courts, but judges like to quote from other judges who express the point well.
And you know that lawyers will be hawking this in their briefs in other cases.
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