Monday, August 16, 2010

Ninth Cicuit Finally Gets One Right And Stays Prop. 8 Ruling

It is rare for the Ninth Circuit Court of Appeals to get one right. After all, it is usually the most overturned of the circuit courts. But this time, a three-judge panel has blocked the ruling that Judge Vaughn Walker did on California's Proposition 8 and for a while, same-sex weddings are on hold.
One of the aspects of the December 6 hearing will be if the current legal team defending Prop. 8 actually have the standing to be involved in the appeals process to begin with.
I will leave that to the legal eagles.
But the good news is that the court did issue a stay of Judge Walker's ruling. So there is the thought that the current plaintiffs in the legal battle,, are able to continue the fight. Even if the current attorney general, Democrat Jerry Brown, and Governor Benedict Arnold Schwarzenegger, do not appeal the original Judge Walker decision, can continue to pursue the case to the United States supreme court.
Here is the thing that advocates of same-sex marriage are not getting.
You are actually gaining support.
A majority of Americans are warming to the idea of civil unions. Calling it marriage is where many draw the line.
This issue can not continue to be decided in courts of law but in courts of public opinion. By the elected representatives and where applicable, the people in the initiative and or referendum process.
When Prop. 8 passed, the usual suspects in promoting same-sex marriage were trying to gain signatures to overturn Prop. 8. Which would have reverted to the ruling of the California supreme court that created a right for those of the same sex to marry.
But once this lawsuit was filed, plans were dropped to take this back to the people.
Bad move.
Prop. 8 passed by a much narrow margin than a forerunner to this, Prop 22. Prop. 22 passed in 2000 with 61% of the vote. Prop. 8, 52% of the vote. In a year that California voted for the Dear Leader, President Obama, with 61% of the vote.
In other words, proponents of same-sex marriage gained nine percent of support.
Then, because it is not fast enough for proponents, they took the fight to the courts. And lost the public, once again.
If those that advocate same-sex marriage keep up this approach, they will create a resentment rather than support of the people.
Rather than demonizing those that oppose same-sex marriage, open up conversation. If you believe that you are right, tell those opposed why. Rationally and reasonably.
Going to the courts makes your position very weak. That is what happens whenever people lose in elections nowadays.
No matter what, this ruling probably gets this case one step closer to the supreme court.
And my guess is that they will support Prop. 8 and basically say that this has to be left to the states and localities to decide.
And that is what happens in a federal republic. And that just means those that support it have to work harder than those that oppose same-sex marriage.
One more thing.
This is another issue Democrats have got to wish would just go away.
The Ninth Circuit Court of Appeals is not going to let it happen.

1 comment:

Anonymous said...

Perhaps, or maybe the 9th circuit just wants to take this issue off the table before the fall elections in order to suppress the leverage conservatives may have over the issue.