Litigation

Prop 8 Decision Headed to Supreme Court Early?

By Peter Hardin

The fiercely controversial ruling by a San Francisco judge who overturned California’s same-sex marriage ban could end up at the nation’s highest court sooner than many had expected.

A New York Times article laid out that possible scenario if proponents of the ban unsuccessfully seek a stay of Judge Vaughn R. Walker’s ruling from the Ninth U.S. Circuit Court of Appeals. If they turn to the U.S. Supreme Court for an emergency stay, they might get their wish, legal experts suggested.

Richard Hasen, a scholar at Loyola Law School in Los Angeles, described the Supreme Court as somewhat dismissive of Ninth Circuit rulings, especially on hot social issues.  ?A decision granting a stay would not necessarily portend a reversal on merits,? Hasen said. ?It just preserves the status quo? against performing new same-sex marriages in California.

The proponents of the ban, which voters had approved as Proposition 8, have filed papers to seek an emergency stay from the Ninth Circuit, the Los Angeles Times reported.

A New York Times editorial, meanwhile, said it is important for Judge Walker’s decision to be tested through a full appeals route:

“Only through appeals, first at the Ninth Circuit and, ultimately, the Supreme Court, is there a chance that the principles set down by Judge Walker will apply to the entire country. Yes, there is the possibility that the judgment could be struck down, but it is sometimes necessary to take big risks to get important results, as the lawyers behind this lawsuit have demonstrated. If same-sex couples in California have the constitutional right to be part of the mainstream of society, then so should every couple in America.”

Some other articles have suggested that the case could end on a technicality, dealing with whether supporters of the law have legal standing to appeal Judge Walker’s decision. A Christian Science Monitor article examined that issue, as did a Washington Post commentary.

You can learn more about the case and about Judge Walker’s decision from Gavel Grab. The judge has put his decision on a temporary hold until Wednesday.

Full post as published by The Gavel on August 16, 2010 (boomark / email).