The 9th Circuit Court of Appeals has issued an opinion (Perry v. Brown) on California's Prop. 8 anti-gay-marriage vote. In keeping with a Supreme Court doctrine that judicial rulings should be as narrow as possible, covering only what is absolutely necessary, the ruling didn't try to establish a Constitutional right to marriage — which supporters of gay marriage would have liked to see — but merely stated that Prop. 8 was invalid simply because it took away rights that had already been possessed by gay people (as a result of a California court decision). And they referred to another decision, Romer v. Evans, by the Supreme Court, that prevented Coloradans from voiding already-passed anti-discrimination laws affecting gay people. And therefore it applied to California, but no other state.
The Religious Right will, of course, appeal, but even assuming they lose and the 9th Circuit Court's decision stands, nobody outside California can gain much from it. But it is an incremental win for equality. And that's a plus.
One thing is clear: By citing Romer v. Evans, the Court has made a clear appeal for the support of Supreme Court Justice Anthony Kennedy. He is often the deciding Justice in 5-4 decisions, and he wrote the opinion in Romer v. Evans.
The Religious Right will, of course, appeal, but even assuming they lose and the 9th Circuit Court's decision stands, nobody outside California can gain much from it. But it is an incremental win for equality. And that's a plus.
One thing is clear: By citing Romer v. Evans, the Court has made a clear appeal for the support of Supreme Court Justice Anthony Kennedy. He is often the deciding Justice in 5-4 decisions, and he wrote the opinion in Romer v. Evans.
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