Under such a scenario, unless something new develops, Proposition 8 would be invalidated, but the invalidation would come in a ruling that could never be taken up to the higher courts to set any precedent that might be applicable outside California or that might induce (or even allow) the U.S. Supreme Court to weigh in.

Directly after the celebration following Judge Vaughn Walker’s ruling, there was disappointment because the ninth circuit chose to overturn Walker’s refusal to stay the opinion. Them, it started in the Gay Press- the speculation that the case was most likely dead, because those who sought the appeal probably didn’t have standing.

An activist friend, posted one of the celebratory posts to Facebook, and I commented that it would be short-lived. This was only a holding time till the next set of legal fights. He scoffed at me- that I hadn’t read the whole article, but I had and I was right all along anyway. The ruling is far from a final chapter in the big battle for equality. The linked post is a detailed description of some of the options and what they may mean for the next phase in the battle over Marriage Equality, in California and across the nation.

I am on record (and have been criticized before) for believing that the main focus for LGBT Rights should be Federal or all state protections in employment, housing and public accommodations. Bills like ENDA must be passed because if people can be refused a job or fired for being Gay, Lesbian, Bisexual, or Transgender, there is little value in getting married, only to have that used as justification as they throw you out the door. However, the battle for Marriage Equality is a righteous battle, based on a solid foundation of real equality, and it isn’t going to be stopped or even slowed, so it is important to support it and all the while, keep fighting for other protections and rights. Additionally, these battles are inextricably intertwined as legislators don’t want to support non-discrimination fearing it to be merely a stepping stone towards marriage.

My biggest fear is that Marriage Equality will become another Roe v Wade, where decades after that ruling Abortion remains as controversial today as it ever was. Will we get a case through the Supreme Court but never see an end to the controversy? That’s my worst fear. But in rational moments, I think that once Marriage Equality is legal, and more and more same-sex couples marry, the controversy will end pretty quick. But- will it take getting to the Supreme Court?

If that happens, the findings and opinion resulting from the trial conducted by Judge Walker will also likely be erased.

That would be a tragic step, given how methodical and detailed Judge Walk was in laying down a case full of evidence that could hold up to higher levels in the appeals process.

No matter how passionate you are about Marriage Equality, it is in your best interest to understand the nuances of Walker’s decision, and what the next steps may mean. It could mean the difference between an end to Prop 8 for California, or a cornerstone for the foundation of the case that will allow Same- Sex Marriage across the entire country.

via Understanding “Standing” in the Proposition 8 California Same-Sex Marriage Appeal: Part One in a Series.

Critics have been quick to say that the will of seven million Californians who voted for Proposition 8 has been negated by an activist liberal judge. Reading it, you might think that what the critics say about the Judge (that he’s of the “activist liberal” variety) is actually true. Did you know he was first appointed to the bench by George H. W. Bush? Or that he was first nominated by Ronald Reagan? He was. Or that Speaker Pelosi opposed his nomination? She did.

I think that the Trib is both right and wrong on this one.  Yes, critics have been quick to say this, and No, it isn’t a true statement. The way the Trib leaves it, you get the impression that the Trib is treating it as a true statement.

It never ceases to amaze me  how trampled the constitution is by some of the very folks who scream the loudest that the Democrats are destroying our country. This judge, like all judges, simply do their job. The judge held a trial, heard evidence, and made a decision based upon that evidence. He acted out the 3rd branch of our government in the way that allows the courts to be a check and balance upon the other branches of the government. It wasn’t the actions of this one judge that invalidated the views of the California voters, but rather, it was an unconstitutional initiative that did that. The judge was merely responsible for pointing out the obvious flaws in the testimony of those who support the law, and the testimony against the law was stronger.

Do, check out dayvoe’s post the stuff about who appointed Walker is good stuff!

via 2 Political Junkies: But….

The Trib Editorial

Maybe I don’t understand that correctly, or maybe others don’t see this as important, or maybe, everyone is too caught up in the intoxication of Wednesday’s decision, to recognize that what happens next in terms of what real people can or can not do, is far more important in practical terms than the 136 page decision that was just handed down. I suppose there is one other option. Maybe everyone is simply expecting that he won’t allow a stay until the appeals decision.

Given his decision, that is what I would expect, but what do I know? I have been surprised before by legal decisions. On the one hand, since there is no reason at all for the state to deny same-sex couples the right to marry, there is no reason, not to allow them to begin marrying right away. On the other hand, the Judge, and his decision are under heavy scrutiny. It could be seen as “pushing the gay agenda” to allow same-sex marriages to restart, and that could take someone away from the detailed, thoughtful, comprehensive,  and logical decision that the Judge wrote. At stake however, is the rights of thousands of California couples to marry over the next year or so, and to fail to allow that would be the same as doing what was deemed unacceptable in his decision.

I have always thought that the gay and lesbian couples who were married before Prop 8 was passed, are an enormous asset that hasn’t been talked about much. That they are married stands as evidence that gays and lesbians can and do maintain relationships based on love and commitment, just like straight couples do. So, I’d like to see this group grow, even if there is a chance that Walker’s decision could be overturned at the next higher court level.

While Wednesday’s decision was awesome, it didn’t really impact the trajectory of this issue from a legal perspective. The case would have been appealed no matter which way the Judge decided, so it was a done deal that the case would move forward, at least the next level of the system. Perhaps, there is speculation as to whether or not the decision will impact what happens after that. Did his decision against Prop 8 increase or decrease the likelihood that the Supreme Court will hear the case ? Maybe it doesn’t matter. Maybe it is the next court decision that will really impact that decision.

But, if overturning Prop 8 was really about fairness and equality, then there must be no waiting before allowing gay and lesbian couples to marry.

Word is that Judge Walker will release his prop 8 verdict and the blogosphere is all in a buzz! And for good reason. This is probably the single most anticipated court ruling for LGBT issues. Individually, it could impact California law and the prop 8 ruling, but could also impact marriage law across the entire country. Coupled with the recent DOMA ruling in New England, the stage will be set for the next phase of the court battle for marriage equality.

I won’t participate in the speculation, nor add another voice to the discourse about what it (whatever it is) will mean. If all goes well, I’ll weigh in on it after the ruling is released this afternoon.however, it is being reported that the anti-gay prop 8 supporters have already filed a stay pending appeal decision. This may actually be more important than the actual ruling itself.

We know that the ruling will be appealed no matter what then decision is, and Walker, almost painfully, laid out a meticulous case so that there was no stone unturned and the court record would be as detailed as could be as the case moves through the appeals process towards the Supreme Court. But what about the time between now and the appeal? I’m slipping into speculation. More later!

Everything you need to know about Perry vs. Schwarzenegger before the decision is released

Good overview/preview from towleroad.com

Some claim that we know that gay marriage will eventually come because more younger voters don’t share the same opposition as older conservatives, but how can we be sure? This summer we have watched the health care reform effort go absolutely no where, till it may be impossible to salvage any reform at all dueto the lies and misinformation. With even 1 more win under their belts, just how far do you think those against gay rights will go in their lies and misinformation to work to set our movement back?

Washington is especially critical from my perspective as it is not a marriage law. If they win in the civil Union/domestic partnership area as well as in the gay marriage arena, we are really in trouble.

I hope those gathering in Washington are aware that while they are busy feeling righteous in their calls for full equality (which we do deserve) our opponents will be doing everything in their power to win, and based upon what we learned (or didn’t learn) in California, looks like they may have a pretty good chance of it.

UPDATE: I neglected to mention DC and the coming battle there.

The Wenatchee World Online – ‘Everything but marriage’ headed for public vote.

I admit, if asked to decide between, 2010 or 2012, I’m on the 2010 side of things.This is based on a number of things:

• I think a big win in California would give a boost to all GLBTQ struggles across the country.
• While the issue is still so fresh, I think it has more chance of passing.
• I’m not sure I trust those suggesting to wait, since many of them are the folks who wewre unsuccessful in the last fight against Prop 8

So I headed into the post expecting to disagree with her at every turn. But clearly, if I feel the post should be required reading, I feel differently after finishing it. I think each of her eight points can all be discussed, but for me, there are three, that are the really big deal for me.

4. It’s incredibly expensive- I’m not sure that this will change over time, but because the price tag is/ was/ will be so big, it makes sense to make sure it will be a definite win before proceeding. If we can’t say definite, then we should have a pretty good idea that a win is likely.

6) Return to the ballot box too soon, and it’s easy for the opposition to argue that we’re subverting the will of the people and the Courts.- The second worst thing that could happen would be for Marriage Equality to win the next round, only to be challenged again in the next election. This back and forth will grow very old very quickly, and we are the ones likely to lose out.

5. Other states need more help.- This is the point that makes the most sense to me overall. We can’t afford to lose in Maine. I’ve written about that before. And while Marriage Equality is a fight worth fighting, it does not in any way help the whole of the GLBTQ communities. Marriage Equality is but one side of a multi-faceted demand for full equality for all GLBTQ’s. While regional and state-wide change will be a critical part of a broader strategy, thinking in a bigger way means, we need to keep making grounds on multiple fronts across multiple states.

What do you think? Does White’s ideas shift your thinking?

Isobel White: Same Sex Marriage in CA: 8 Reasons Why We Should Lay Off the Debate over 2010 v. 2012.

An opposing viewpoint is presented here:

http://lezgetreal.com/?p=16408

Pam’s House Blend:: July 2nd Could Spell The Beginning of the End for Prop 8 – The Team Behind the Case .

Prop 8 Supporters – Grease It & Swallow – GlobalHybrid.

YouTube – The Defenders (2009).

(2) The deprivation of rights isn’t that big a deal, really, because all that’s been removed by Prop 8 is the word “marriage” rather than the rights that go with it;

I see this as possibly meaning 2 different things- one really good, and one really bad. So, I guess I need to find some time to dig into the full decision and see what they have to say about it.

The Daily Dish | By Andrew Sullivan.