As reported here yesterday by our own Kaylia Metcalfe, the Prop 8 trial continues. Citing other rulings within the continental United States, the California Supreme Court decided Thursday to allow the proponents of Prop 8 to appeal Judge Walker’s historical ruling.
In response to the question submitted by the Ninth Circuit, we conclude, for the reasons discussed above, that when the public officials who ordinarily defend a challenged state law or appeal a judgment invalidating the law decline to do so, under article II, section 8 of the California Constitution and the relevant provisions of the Elections Code, the official proponents of a voter-approved initiative measure are authorized to assert the state’s interest in the initiative’s validity, enabling the proponents to defend the constitutionality of the initiative and to appeal a judgment invalidating the initiative.
With all the horrendous judicial decisions against the LGBT Community in recent years, this one doesn’t really bother me, and in the end, may (and that’s a BIG “may”) further our equal rights in the end. If Judge Walker’s decision is upheld, which virtually everyone feels it will be, then this case could then proceed to the federal Supreme Court. They have the choice to hear it or not, and may not, given that historically they don’t rule on such monumental issues before a hefty number of states have done so. But it could happen, and if it does, then the question of same sex marriage equality becomes a one stop national decision.
In the meantime, I hate, once again, to predict, but let me go out on a limb and say California will soon, once and for all, have legal same sex marriage.
Follow this link to read the entire ruling… http://www.courtinfo.ca.gov/opinions/documents/S189476.PDF
