FEBRUARY 7, 2012 12:47PM

Breaking News - Prop 8 decision to be announced at 1pm EST

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Turn on your TVs!

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whatever the decision is, it will certainly be appealed by "the losers" to the supreme court.

therefore, it can hardly be regarded as important news
Well, aren't we just a little ray of f'n sunshine! Let people enjoy their victory, however momentary. Sheesh.
The Prop. H8 decision is in and, for reasons I explained, it’s actually better than many of the complainers claim. It appears to have been crafted to bring Justice Kennedy into our court so-to-speak. If the Prop. H8ers seek an en banc hearing (I hope they do) the result, I think, will be a much broader ruling on our favor and make in more likely that SCOTUS will grant cert.

No one should be quick to presume we’d loose if we went to SCOTUS today. The Cal decision was apparently crafted to win a 5-4 majority and since Scalia has already conceded that denial of marriage equality can not be reconciled with Lawrence and since he is bound be stare decisis, a 6-3 win is also possible. But you are right, we will ultimately prevail. Those ossified by orthodoxy already have one foot in the grave.

In the end it will all come down to one simple rule: Sorry, but you don’t get to vote on it. As the late Justice Robert H. Jackson wrote over 60 years ago,

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
It may be that the en banc won't take it, because it is so narrow. The SCOTUS may also take a pass for this reason. This may be the end of it, although it can be applied now in the 9th circuit for all the Domestic Partner/anti-marriage states. Washington is correcting itself, but Hawai'i is in violation, so injunctive relief is possible there when this is resolved.