The positioning around Judge Walker’s over-turning of Prop 8 is making for high drama indeed!
Arnold Schwarzenegger and Jerry Brown have both asked that gay marriages resume immediately, as Judge Walker originally ruled (but then paused over). This is in addition to both of them refusing to defend Prop 8 in the original court case, even though nominally they must defend the Californian constitution. (There is a lesson for Obama in that – he could just refuse to defend the Defense of Marriage Act [DOMA] in court to if his administration so chose).
So … all the appeals have now started but guess what … they can’t go anywhere. Why? Because on my understanding – if Brown and Schwarzenegger (or their successors after November’s elections) refuse to defend Prop 8 in court then the Supreme Court will refuse to hear the case (because there will only be one side in the case). Equality haters can’t randomly appeal to the high court if both the plaintiffs (gay couples) and the defendants (the state of California) agree there is no case.
So be patient – we are going to win this in the end. Continue reading →