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SCOTUS: Prop. 8 No Standing

by Mark Sherman
Wednesday Jun 26, 2013
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The Supreme Court has cleared the way for same-sex marriage in California by holding that defenders of California’s gay marriage ban did not have the right to appeal lower court rulings striking down the ban.

The court’s 5-4 vote Wednesday leaves in place the initial trial court declaration that the ban is unconstitutional. California officials probably will rely on that ruling to allow the resumption of same-sex unions in about a month’s time.

The high court itself said nothing about the validity of gay marriage bans in California and roughly three dozen other states.

The outcome was not along ideological lines.

Chief Justice John Roberts wrote the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Antonin Scalia.

"We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8.

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Comments

  • Wayne M., 2013-06-26 11:22:25

    A step forward, I hope, but there can never be full equality until the day comes when every LGBT person enjoys full equality and protection of human and civil in every state and every part of the world. To quote the late Canadian Feminist Rosemary Brown, "UNTIL WE ALL HAVE MADE IT, NONE OF US HAVE MADE IT."


  • BlondieSL, 2013-06-26 11:30:25

    "We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8."..... Ok, so I’m a little confused, does their decision that they don’t have the right to decide this case, still strike down Prop8? Does it make Prop8 null and void by staying that they nor the 9th circuit have the right to decice? I’m so confused. Will this "decision" (if it even is a decision) have an effect Federally where NO STATES have the right to impose such a ban? I got really excited until I read this the 2nd time and more slowly. Any legal heads out there can dumb it down for us lower entities? ;)


  • BlondieSL, 2013-06-26 12:26:16

    "We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8."..... Ok, so I’m a little confused, does their decision that they don’t have the right to decide this case, still strike down Prop8? Does it make Prop8 null and void by staying that they nor the 9th circuit have the right to decice? I’m so confused. Will this "decision" (if it even is a decision) have an effect Federally where NO STATES have the right to impose such a ban? I got really excited until I read this the 2nd time and more slowly. Any legal heads out there can dumb it down for us lower entities? ;)


  • BlondieSL, 2013-06-26 12:38:50

    aarrgghhh! sorry about the double post. I forgot that this site does that when you click Refesh.. THEY NEED TO FIX THAT! It’ simple. After a successful post, clear the buffer.


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