Thursday, September 9, 2010
The news of the death of California’s viciously homophobic Proposition 8 just keeps coming and I couldn’t be happier.
On Wednesday, the California Supreme court refused a request to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal Chief U.S. District Judge Vaughn Walker’s August 4th ruling that found the ban on gay marriage known as Proposition 8, violated gay Californian’s civil rights.
The state Supreme Court denied a conservative legal group’s request to force state officials to defend the voter-approved ban. The measure was narrowly approved by 52 percent of California voters in November 2008, amending the state Constitution to outlaw same-sex unions five months after the state Supreme Court legalized them. The High court offered no explanation why it rejected the emergency petition filed by the Pacific Justice Institute.
Earlier Wednesday, lawyers for Schwarzenegger and Brown filed letters with the court maintaining state officers have wide authority to choose which laws they challenge or defend in court.
Unfortunately, it is still too early to buy wedding rings and order champagne. The 9th Circuit has said this is one of the issues it will take up when it hears oral arguments in early December.
If the federal appeals court dismisses the appeal because the ban’s proponents lack legal standing, then Judge Walker’s ruling will become final unless the U.S. Supreme Court agrees to take up the case.
If the U.S. Supreme Court refuses to intervene — entirely likely, if past is prologue on such state matters, gay couples would be able to marry in California.