3 of 9 on 8

Well, this should get interesting:

A federal appeals court in California has upheld a lower court’s ruling that Proposition 8, the state’s ban on gay marriage, is unconstitutional.

In a 2-1 decision, a three-judge panel of the Ninth Circuit announced its long-awaited ruling on Tuesday.

Proposition 8 was a 2008 ballot measure, approved by voters, that amended the state constitution to ban same-sex couples in California from getting married.

Walker’s initial ruling was disputed because he is gay. This one has two Democrat-appointed justices, so it will be disputed too. The next step will be a hearing by the entire court. But if the Courts continue to buy the argument that being allowed to marry is a right, I can’t see them upholding the ability of California’s to vote away a minority’s rights.

While I support allowing gays to marry, I would prefer the route taken be through the legislatures or ballots, not the courts. I realize that’s cold comfort to gays who want to get married. But if the Courts overturn a popularly-passed amendment, the screams about gay marriage being forced on us by judicial activism will never fade. Over-turning this by another ballot initiative will make the entire issue moot, even if it means that the right to marry is not shouted from the steps of the Supreme Court.

Still, grab some popcorn. It’s going to get fun.

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  1. richtaylor365

    But if the Courts overturn a popularly-passed amendment

    Passing with 52% of the vote hardly seems “popularly passed” to me.

    I realize that’s cold comfort to gays who want to get married.

    Or, they could just wait until SCOTUS decides, and make no mistake, with the high profiled (well bankrolled) hired guns both sides have at their disposal, regardless of what the next ruling is, the other side will appeal.

    Something this big should get fast tracked, like Obamacare.

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