Prop 8 is Dead

[MrScorpio]

Shout out to Cali!

[Buzz Clik]

1. +1. Does anyone recall...

... the two groups singled out and blamed by a lot of DUers for the passage of Prop 8 in 2008? Not the GOP ...

[CakeGrrl]

2. Yes, I do.

[justiceischeap]

3. Catholics/Mormons and African-Americans if I recall correctly. nt

[Starry Messenger]

4. Do you think you could show some class and can the finger pointing for one hour?

[Buzz Clik]

5. It was a bad hour for this place.

Really bad for those pointing fingers in 2008.

[Starry Messenger]

6. So that's a no.

Actually there were several threads on Mormons. Did you post any? I did.

[Buzz Clik]

7. Yeah, that's a no. I make it a point to not let others force their sensibilities on me.

I can be educated, molded, cajoled, influenced, nudged, and inspired. Bullied? Not a chance.

[Starry Messenger]

10. Just making a note who decided to get in early to pee in the Cheerios on DU today.

[Buzz Clik]

12. Would you like me to initial that entry?

[Pisces]

8. This is a good news!!

[morningfog]

9. Prop 8 and DOMA! Great day.

[Buzz Clik]

11. How clear is it about Prop 8?

One article I read said that they SC decision intentionally avoided it, so Prop 8 remains. Is this wrong?

[morningfog]

14. That's wrong. The Prop 8 case has a complicated procedural background.

The opponents of Prop 8 rightfully challenged it through the CA courts. The CA Supreme Court found Prop 8 violated the state constitution. The proponents of Prop 8 appealed to the US District Court. The Dist. Ct. remanded to the CA Supreme Court to answer, specifically, if the proponents had standing to challenge it. The CA Supreme Ct. said they did for a single question. THe US Dist. Ct. upheld the CA Ct. ruling.

Then, the proponents of Prop 8 appealed to the 9th Circuit. The 9th affirmed the Dist Ct and went further. That was the eloquent and lengthy opinion by Judge Walker that would found a US constitutional right to marriage equality. The proponents appealed to the Supreme Court. SCOTUS held that the proponents had standing to appeal to the Dist. Ct. but not to appeal to the 9th Circuit. The 9th Circuit order was vacated. The Dist. Ct. order affirming the CA Ct. order is in effect. The governor cannot enforce Prop 8, it violates the state constitution.

[Buzz Clik]

15. Thank you. That was quite clear (particularly for the judicially challenged)

[RudynJack]

13. Not exactly dead

but damn close. Theoretically, somebody with standing could start the whole thing over again.

But practically, that's not going to happen.

[morningfog]

16. Who could have standing?

ANd on what ground could they challenge. Prop 8 is dead. Marriages should start in about a month.

[RudynJack]

17. I've heard

a County Clerk who had to dispense licenses could have standing. A future Governor or Attorney-General could have standing.

The Supreme Court did not overturn 8, so it's still technically alive.

[morningfog]

18. It is not alive. It is unconstitutional under the CA Supreme Court.

The CA Supreme Court has prohibited enforcement of it. Any challenge by a governor or AG would fail.

[Zorra]

19. Proposition 9