I would say that was true as long as the case involved state-insular cases only, and ones that don't involve suppressing democracy at it's core [a base violation of the most sacred civil right we all possess as equal American citizens in every state].
Frankly, your personal opinion doesn't matter. The stay still only applies to the petition submitted. That you agree or disagree doesn't change that.
The cases between Utah and California [using the perfect example for this analogy] are not different AT ALL. They both involve a voter-majority enacted statute that limits the definition of marriage simply to "a man and a woman". In one state the power of that democratic rule was pled and on those pleadings granted a stay [Utah]. In the other state the majority voters do not enjoy the power of their vote on the same matter in the same exact way. [California]
They're different in at least one significant way:
the AG in California isn't seeking a stay. How then could a rejection that never happened for a stay that was never requested be overruled? Obviously it couldn't be
. There's nothing to overrule.
Meaning that you're not only wrong on the way that stays apply, but you're dead wrong on any such imaginary 'stay' in California being overturned.
There is no stay. There is no standing for any party not directly harmed by such a proposition. The USSC has already found that individuals in CA not directly involved in their own gay marriage case have no standing as they haven't been harmed.
So the only party that could levy such a petition for a stay of implementation of the Walker court's ruling....would be the CA AG. And the Attorney General of California isn't seeking any such stay of implementation.
Ergo, there's no route of enforcement that could even *hypothetically* exist, even if granting a specific petition somehow applied too all petitions in all 50 states.
Which, of course, it doesn't. So you've created a fail layer cake here, with one type of wrong stacked atop another.
And because of that, rogue officials in CA are using that limbo and legal conflict of base civil rights to gut voter-enacted law before a clear definition of constitutionality has been passed upon it. The ONLY constitutional finding in the twin Prop 8/Windsor Hearing was that state's have the right to define marriage and after that definition, the fed has to obey them. That "fed" also includes SCOTUS and lower district federal courts.
There's no limbo. PRop 8 has been adjudicated. There are no pending petitions for stays of implementation. There are no appeals. The case went all the way to the USSC, and the USSC allowed a lower court ruling to stand.
As for as Prop 8 is concerned, the Walker decision in Perry V Brown ends it. Prop 8 is and remains illegal to implement, by an authoritative ruling of the federal judiciary.
And who, pray tell, is requesting a stay of implementation of the Walker decision in CA? No one with standing. Who, pray tell, is appealing the Walker decision to the USSC? No one with standing.
There are no avenues of judicial redress that *could* be followed without one or the other. And you have neither.
Ergo, Prop 8 was actually Upheld in Windsor 2013. And SCOTUS knows this. And so did the AG of Utah. Which is why he pled his case for a stay citing this very fact in Windsor's "State's Choice" Ruling on gay marriage under the question of state vs federal powers.
Nope. The Windsor decision didn't address the constitutionality of State bans on gay marriage. It applied to federal law, specifically DOMA. Which it found an unconstitutional violation of rights. With the Windsor court silent on the constitutionality of gay marriage bans by the States, we're left with the Walker decision which explicitly rules that the State gay marriage ban of Prop 8 is unconstitutional.
Remember, both the Windsor decision AND the Walker decision overturned gay marriage bans. Windsor at the federal level. Walker at the State. And the Walker decision remains the highest court ruling on the constitutionality of Prop 8. Invalidating it and rendering it illegal to implement.
Since SCOTUS knows this, Ruled for the stay accordingly, anyone can appeal to SCOTUS right now, this very day and gain protection for their civil rights as a voter in the interim while we await the appeals on all same/similar cases.
NOpe again. The USSC has already denied stays of implementation by Oregon. And ruled that individual citizens not ajudicating their *own* gay marriage in California
a do not have standing on Prop 8. And thus, can't appeal any ruling or challenge any ruling.
So its obviously not 'anyone'.
And unlike UT, the CA AG isn't appealing anything, nor is looking for any stay on the issue. You've simply got no one with standing in CA who could appeal the case interested in doing so. There's nothing to 'overrule'. As there have been no 'stays' requested by the State of California for the courts to reject or affirm.
And you can't overrule an imaginary ruling that never happened.