How long will Prop8 take to get to the Supreme Court and how do you think it will be ruled?
I'm hoping that Judge Walker has made a good enough case that it will make it quickly to the Supreme Court but I've read that it might take a year or more before it gets there. Is this true?
Also, how do you think the Supreme Court will rule?
@Peni Breath: It can be reversed because it is a civil rights issue and had no business being voted on to begin with.
@montegutdude Great answer! I think I will also read the final ruling, I've heard it's interesting.
- 10 years agoFavorite Answer
Judge Walker's decision is 138 pages long. I've been reading it for a while now and am almost done. It's great stuff. Once you get started, it's a real fun read. Everybody should download the pdf and read this historic decision. Yes, its true that its going to be a while still before this is settled law. Perry v Schwarzenegger is first headed to the 9th District Appeals Court, but as the 9th is a notoriously liberal circuit, they're expected to uphold the ruling. That's supposed to take about a year, but I've been hearing something about it being fast-tracked....not sure what that means. Normally, it would take a year to the 9th and then another year to the Supremes....and they can take their sweet time with it. In my opinion, we won't have a Supreme Court ruling for probably about 2-3 more years on Perry. Bummer. But, no reason to frown. I think there's an excellent chance the SCOTUS will uphold Judge Walker's ruling. Judge Walker inserted 80 findings of fact into the middle of his ruling. An appeals court can start over with their conclusions of law, but they generally have to keep the findings of fact from the original decision. In this case, it will be really tough to overturn Perry with all that in the language. The defense didn't just fail to defend Prop 8. Most of the state elected officials declined to participate in the trial and admitted that it was unconstitutional!! Also, Judge Walker seems to be, in a way, speaking directly to Justice Kennedy in some of his language. Kennedy has already authored a number of pro-gay opinions, and in my opinion, will again side with the liberals on this case. We can't win without him. How do I think they'll rule? I think they'll uphold Perry v Schwarzenegger and in doing so, will invalidate all state constitutional amendments banning same-sex marriage. I believe that in a few short years, same-sex marriage equality will be the law here in America. This decision is a landmark ruling for civil rights, and is HUGE for gay rights. It's the best day ever.
PS: From Perry v Schwarzenegger (2010)
"At oral argument on proponents’ motion for summary judgment, the court inquired how permitting same-sex marriage impairs or adversely affects the state's interests. Counsel replied that the inquiry was “not the legally relevant question,” but when pressed for an answer, counsel replied: “Your honor, my answer is: I don’t know. I don’t know.”
- vandebogartLv 44 years ago
It will have to move to the Supreme Court, you're right there. Gay marriage legislation are unconstitutional considering the fact that they intrude on what is going on in a individual residence. As an individualist conservative I suppose Prop eight was once unconstitutional. But I additionally suppose that a institution that represents not up to 10% of the countrywide populace will have to now not be such an field of crisis. It's now not the identical as civil rights. I do not feel that congress or states could make a regulation prohibiting any form of marriage among 2 loving folks of age and of extraordinary gene swimming pools...
- 10 years ago
Yes, it can take a case a long time to get to the supreme court although being a high profile case like this it can find faster ways to the bench.
The way it will be ruled is beyond me. I am not up to date on the feelings of the justices. I would imagine that it would be found to be unconstitutional. Although recently the supreme court has made it harder for citizens to actually make use of their miranda rights (even some leftist justices took this position which was interesting). Anyway, only time can tell what will happen.
Edit: Peni Breath
Peni your way of thinking is quite illogical. In fact the founders of the U.S. put the justice system there and allowed it to gain the power to review the legislative and executive branch for that reason exactly. "Majority rule shall not inhibit minority rights" I believe sums it all up appropriately.
- 10 years ago
I loved montegut's answer, and I can't add anything better, but I think it will be at least a year before it gets to the Supreme Court, and possibly another year on top of that to get a ruling. S-L-O-W justice for civil rights supporters.
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- 10 years ago
it depends maybe a week maybe a month at least it's being worked on and I think it will get appealed
- 10 years ago
How can a vote by a majority bet reversed in a democratic system? Whether you support prop 8 or not it is a sad day for America.
- Anonymous10 years ago
Yes then its going to be denied so the freaks don't roam the streets in their miniskirts