Wednesday, February 16, 2011

Prop 8 is Delayed. Again.

The Advocate reported today that the supreme court case concerning Proposition 8, the bill passed in the California 2008 election making same-sex marriage illegal, is now delayed because of an appeal to 'standing'.  Ironically, this delay is actually being caused by gay rights advocates.  Prop 8 had been overturned earlier in the year (thankfully) by Justice Vaughn R. Walker.  The decision was appealed, but not by the state of California, the governor, or the attorney general.  Now the legal battle will be fought to determine whether general voters of California (supporters of Prop 8) actually have the right to appeal.

History says that voters do not have the right to appeal.  According to the Advocate:
Last month a three-judge panel for the ninth circuit asked the California Supreme Court whether Prop. 8 supporters who have defended the ballot initiative in the federal case Perry v. Schwarzenegger "possess either a particularized interest in the initiative's validity or the authority to assert the State's interest in the initiative's validity ... when the public officials charged with that duty refuse to do so."
Fortunately the process is being expedited, but don't expect a decision on this matter any time soon.  It seems that there is light on the horizon for the Prop 8 opponents - with a little more time, gay and lesbian couples will no longer be formally discriminating against by the government.  Better late than never.

In other news, the Hawai'i legislature approved civil unions today for same-sex couples, and the Governor plans to sign the bill.  This brings the tally up to 10 states that offer domestic partnership and 5 states plus Washington DC that allow same-sex marriage.  It's a long road, but we'll get there eventually. 

No comments: