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Monday, August 16, 2010

Federal Court Will Hear Appeal of Prop 8 Case

Told you.  But it's all good, as these observations by legal experts at Prop 8 Trial Tracker show:
First, and drastically most importantly, the Court granted the stay. Consequently the thousands of couples who were waiting for the day of equality will have to wait at least a few more months until December.

Second, the Court wants this case to be resolved quickly. Appellants’ opening brief is due in just a month and the hearing will happen on December 6th. This is lightning quick for a Federal Court of Appeals, and it’s a very good sign. The Court understands that this case is important, and it doesn’t want it to linger.

Third, the Court specifically orders the Prop 8 proponents to show why this case should not be dismissed for lack of standing. Here’s a discussion of the standing issue. This is very good news for us. It shows that the Court has serious doubts about whether the Appellants have standing. . . . a very good sign . . . .
A victory in this appeal on the jurisdiction/standing issue would be phenomenal. Although the principles established in Judge Walker’s ruling would only result in the striking down of Proposition 8, rather than the establishment of marriage equality nationwide, dismissal of the appeal would eliminate the risk associated with bringing these claims before the Supreme Court of the United States — the most conservative Court that we have had in the last fifty years, in many respects — and Judge Walker’s devastating analysis of the factual record and the utter lack of evidence supporting any reason for excluding same-sex couples from marriage would remain on the books and be available for us to cite in all our future efforts at litigation and legislative reform.

It is frustrating that California couples will need to wait yet longer to have their rights vindicated, but this order holds much promise for the successful elimination of Proposition 8 once and for all.
So, unless somebody in the judiciary throws a curve ball, it seems that patience will be rewarded with success in the end, and not so very long from now, perhaps.

When I was a kid, at the drive-in my family patronized most often, the carhops would always leave a little card under your windshield wiper after they took your order, which went something like this:  We know you're hungry, and we aim to please, but remember - Good Things Take Time.

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