Wednesday, August 04, 2010

Start of the Appeals process

The Federal Judge who is ruling on a motion from the Homosexual Community has announced that his decision will be handed down between 1pm and 3pm California time tomorrow.

The question, is if California's electoral decision by the population which passed Proposition Eight is unconstitutional. The motion claims that it violates the equal protection and due process clause of the Constitution.

The obvious answer is it doesn't really matter how the Judge decides this afternoon. If he rules against the motion, it will be moved to the 9th Circuit Court of appeals, which has the dubious honor of being the most overturned Court of Appeals in the land. If he rules in favor, the appeal of those who support the Prop 8 principal will be equally guaranteed. Whoever loses will appeal to the next step, which is the 9th Circuit Court of Appeals. Now, as I'm not a betting man, I'll not be accepting wagers that the 9th will find a hidden Constitutional Right for Homosexuals to marry. We can also assume that is a given, since historically, the 9th has always found the Liberal side of the argument to be the Constitutional one in their opinion, which is probably why they're the most overturned court in the land.

At that time, it will go to the Supreme Court. How will the Supreme's find? I can bet that four of the Justices will almost certainly find in favor of the idea of Equal Protection extending to the right to marry anyone you want regardless of gender.

I can also see four Justices finding the opposite to be true, that Equal Protection does NOT extend to marriage.

How will it come down? Good question, and I don't know. Yet I can see this topic burning up the blogosphere and the news talk shows for the next several years while the various appeals work their way up to the Supreme Decision.


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