LGBT News Prop 8 Overturned - Supreme Court Validates District Court Ruling

Re: Prop 8: Supreme Court Ruling

If I recall correctly, the lawyers had brought the case to the Ninth Circuit, which was fine. However, the person defending Prop 8 has not exactly been recognized, thus why they say they do not approve the standing of a private party. The lawyer defending Prop 8 did not have standing in this case, so the Ninth Circuit "can't" make a ruling, and instead dismiss the case.

 

Re: Prop 8: Supreme Court Ruling

4 Justices dissented, Kennedy, Thomas, Alito, and Sotomayor.

I'm slightly sad to see Sotomayor's name there.

 

Re: Prop 8: Supreme Court Ruling

I read it and it basically says what the state decides is up to the people and government and the states have the right to govern themselves. which is basically saying this ruling is is its not up to them but up to the states (what im guessing) and that prop 8 will stay unless otherwise

 

Re: Prop 8: Supreme Court Ruling

So Prop 8 has been struck down or hasn't. I've got some saying one thing and then MerBear saying Prop 8 stays so I'm just confused.

 

Re: Prop 8: Supreme Court Ruling

Prop 8 was repealed.

This case was about the appeal to get the repeal overturned.

They ruled the people who appealed it did not have the right to.

Meaning the original repeal of Prop 8 is still in effect.

At least, that's what it sounds like from all of the news sites. xD

 

Re: Prop 8: Supreme Court Ruling

"
10:37

Kevin Russell:
The Chief has announced that all remaining orders will be released tomorrow at 9:30."



Oh don't tell me we're going to have to wait till 9.30 EST tomorrow? :lol:

 

Re: Prop 8: Supreme Court Ruling

The court has no standing. The ruling of the lower court is upheld, same sex marriage is now legal in CA.

The groups that were majority and dissenting are very weird on here. SCALIA upholds lower court, but SOTOMAYOR upholds Prop 8? This is odd.

 

Re: Prop 8: Supreme Court Ruling

No they dismissed it and said its not up to them to decide. they say its only up to the state

 

Re: Prop 8 Overturned - Supreme Court Validates District Court Ruling by Dismissing C

Plain English: Here's a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California's Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

So does this mean the entire case is dismissed meaning Prop 8 stands or they're saying Justice Walker's ruling stands or it's up to the State (which I would THINK would dismiss Prop 8 since it was the State who made it legal)

 

Re: Prop 8: Supreme Court Ruling

They would appear to be ruling on whether the lawyers arguing for Prop 8 had any standing to do so. Not Prop 8 itself.



(Correct?)

Yeah it would appear they're ruling on the ability of a private party to argue for Prop 8, per Amy Howe's Plain English.



(California said they could, Supremes would seem to be disagreeing).

 

Re: Prop 8: Supreme Court Ruling

The dissent doesn't mean anything about their support for same-sex marriage. Sotomayor likely dissented because she believed the group defending Prop8 (Hollingsworth et. al.) had standing.

So basically, the dissent is that the defendants had standing. If that were the majority ruling, that's where things get muddy because I find it incredibly unlikely that Thomas and Alito would have rules that Proposition 8 was unconstitutional.

 

Re: Prop 8: Supreme Court Ruling

I don't even know. This ruling confused me so much

 

Prop 8 is up to the state. its not up the supreme court. That's simple as it gets people.