A commentary and resource on Law and Sexuality by Professor Chris Ashford and guests
The Perry/Proposition 8 same-sex marriage constitutionality case looks on course to finally make it to the US Supreme Court this Autumn with a decision next June. The LA Times reports that: ‘In a brief order Tuesday, the U.S. 9th Circuit Court of Appeals said a majority of the court’s active judges voted against reconsidering a three-judge panel’s decision to overturn the voter-approved 2008 state constitutional amendment. Three dissenting 9th Circuit judges who favored review called the panel’s ruling a “gross misapplication” of the law that “roundly trumped California’s democratic process.” The two judges who voted to overturn the ban last February reiterated Tuesday that their decision was limited to the situation in California.’
I’ve long been unconvinced that a decision from the US Supreme Court is necessarily a good outcome for those opposed to Proposition 8 (and in favour of same-sex marriage). Although the outcome is far from certain, the court remains weighted in favour of a conservative outcome and that would then ‘lock-in’ a potentially unfortunate outcome.