Gay Marriage Ban Overturned


    Excellent news!

    A person close to the case says a federal judge has overturned California’s same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court.

    Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.

    The only problem is,  what are the chances that the Supreme Court of Roberts, Scalia, Alito, and Thomas will uphold this ruling?  Also, how long will it be until Cooch files an amicus brief or whatever on behalf of the homophobes? I mean, he’s already got so many lawsuits going, what’s another one? Heh.

    UPDATE: The decision says, “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples.”

    • blue bronc

      This is great news.  McConnell and the Cooch must be peeing rainbow by now.  

      As for SCoUS, my guess is it will not be cert. Roberts and Thomas might want the case but Scalia and Alito would probably keep with the decision joining with the rest of the court at least in part so there would not be enough votes. Because it really is not a states rights issue like beer sales (although one could probably make an argument there too), it is a traditional Constitutional commerce issue.

      But, that is in the future by a year or two. Who knows how many of the corporate Justices will be out by then and replaced by Obama right of center justices. (I would like to have Progressive justices back on the Court)

    • teacherken

      1.  In his dissent in Lawrence v Texas Scalia opined that if as that case did you overturned a ban against sodomy there was no logical basis to prevent gay marriage

      2.  The author of the majority opinion in Lawrence was Anthony Kennedy

    • Elaine in Roanoke

      When the two legal scholars agruing the case for the unconstitutionality of Prop 8 are of the caliber of Ted Olson and David Boies, I agree that chances are better than even that Prop 8 will not prevail at SCOTUS.

      My, my…what will the bigots who passed Virginia’s “one man – one woman” law do after that?