Received this in an email today:
Tomorrow, our federal lawsuit for marriage equality will take a dramatic leap forward.
The California Supreme Court will issue its advisory opinion on the issue of standing in our case at 10 a.m. PT, setting the stage for a speedy ruling from the Ninth Circuit Court of Appeals.
Here’s the great news: No matter what happens, we win. Either the Federal District Court ruling that declared Prop. 8 unconstitutional stands as is. Or, our case proceeds on its merits with the strong likelihood of reaching the U.S. Supreme Court. Because there is no reason to justify discrimination against gay and lesbian Americans, we are confident that the higher courts will affirm our District Court victory.
I’d articulate the “no matter what happens, we win” message a bit further.
If the state court rules that the those who seek to appeal do not have standing to do so, then the case ends, and California will have to begin to offer same-sex marriages once again. There is a good reason to believe this is what will happen, since the precedence would suggest this is the only way the court could go. It opens up a huge can of worms for them to find otherwise. If this is the case, the direct winners are gay and lesbian California couples, and less directly, the rest of the country. Such a court win for marriage equality could add momentum to the proliferation of states who are now pushing for Equality.
But it also seems rational, that since this was a citizen’s initiated effort, that the court will allow citizens to appeal the case to the next level of the court. It is anticipated that at that level, it will win, but if it is allowed to continue, there will be no stopping the case and it will go all the way to the Supreme Court. In this scenario, more people may potentially win, as it could influence the right to marry nationally, but given how conservative the Supreme Court currently is, one can easily imagine the case being decided against Marriage Equality. Bigger potential win, but bigger risk.
Either way, however, at least the case will be moving ahead, and that will be a good thing.