Understanding Yesterday’s Prop 8 News
There was so much floating around yesterday about the courts ruling in the Prop 8 case that some of it got muddled and hard to understand. Many people were confused about whether the ruling was a good thing or a bad thing. I’m going to attempt to help you understand the situation, but I’m not doing it alone, because there are people who are far smarter than me who could explain it much clearer.
The folks over at Towlreroad always do a great job with news like this and they posted a break down of just what happened and what it means. I encourage you to click here and read their findings.
It is a victory for pro-same-sex marriage forces in that we are now poised for a full victory on the merits, rather than a half victory on standing. The result is also rational — those who know how sacrosanct California’s judiciary treats the initiative power found it impossible to imagine the defender of the rights of Californians deciding any other way. But, even though the parties expect the Ninth Circuit to follow this decision and proceed directly to the merits of the constitutionality of Prop 8, the decision is unsatisfactory. It has only one benefit: now we can proceed to the merits, as we are eager to. And, thankfully, that is no small benefit.
Writes in part: First, we are confident that the Court will affirm our historic District Court victory. The anti-marriage Proponents of Prop. 8 failed to present a shred of credible evidence to justify discrimination against gay and lesbian Americans. Marriage is a fundamental right guaranteed by the U.S. Constitution, plain and simple.
Second, a Ninth Circuit victory can set an enormous precedent. The District Court decision that affirmed the right to marry for gay and lesbian Americans has had tremendous impact on public opinion. Since we filed the Perry case, seven national polls now show that a majority of Americans support marriage equality. That support will only grow as our case progresses and Americans are able to see the truth: when you look at the facts no American should ever be denied the fundamental freedom to marry.
Third, the potential reach of our case is greatly amplified. The Ninth Circuit is the largest appeals court in the nation, stretching the entire west coast and as far east as Montana and Arizona. This is an essential and critical step to bring our case before the U.S. Supreme Court and achieve our ultimate goal: full federal marriage equality.
The last thing I wanted to share with all of you is a short video by two of the plantiffs in the case Jeff Zarrillo and Paul Katami as they respond to the ruling from the California Supreme Court. It’s short and simple and is probably the easiest to understand.