It's the reason why Dev, I stated it belongs in the states hands until such time as the USSC decides to take the matter under consideration once again. In this matter the USSC can decide to not take up the case as they did in the Baker case and remand it back to the 9th or the State Supreme Court if they so choose. It remains to be seen if they decide to take it up, as recently as 2004 they have declined to do so. If I were to guess, I would say that based on the recent history of the 9th Circuit, your going to see prop 8 overturned . Here is a link to give you a little perspective of that particular court.
Rulings on gay couples' spousal benefits question Defense of Marriage Act - Los Angeles Times
If I were on the side of the plaintiff in the prop 8 case I would be very happy that my case is being heard by the 9th Circuit. What I was pointing out though , is that if the 9th just simply ignores the Baker case then they risk being overturned by the USSC and your back to square one again. So what really needs to happen here, is why not take the measure that the proponents of gay marriage want to the ballot box and pass a constitutional Amendment allowing gay marriage in the state of California? Just a thought. It would seem to me that if the opponents can do that then so can those that wish it to happen? There is something to be said though here , that the will of the majority is NOT always the correct assumption as we are NOT a democracy in the pure sense of the word, but rather those that founded this nation were quite clear that a system of Govt. is there to protect the rights of the minority over the rule of a majority, no matter how distateful some may find that minority to be. Personally, I have no dog in this hunt, and do not see this matter as cut and dry as that of a racial nature which in the Virginia case was clearly WRONG. So I will wait and see what happends here. and wish both sides luck in this.
Rulings on gay couples' spousal benefits question Defense of Marriage Act - Los Angeles Times
If I were on the side of the plaintiff in the prop 8 case I would be very happy that my case is being heard by the 9th Circuit. What I was pointing out though , is that if the 9th just simply ignores the Baker case then they risk being overturned by the USSC and your back to square one again. So what really needs to happen here, is why not take the measure that the proponents of gay marriage want to the ballot box and pass a constitutional Amendment allowing gay marriage in the state of California? Just a thought. It would seem to me that if the opponents can do that then so can those that wish it to happen? There is something to be said though here , that the will of the majority is NOT always the correct assumption as we are NOT a democracy in the pure sense of the word, but rather those that founded this nation were quite clear that a system of Govt. is there to protect the rights of the minority over the rule of a majority, no matter how distateful some may find that minority to be. Personally, I have no dog in this hunt, and do not see this matter as cut and dry as that of a racial nature which in the Virginia case was clearly WRONG. So I will wait and see what happends here. and wish both sides luck in this.
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