Decision expected in Prop 8 trial today

A decision is expected this afternoon in the trial about Proposition 8, the proposition that wrote a definition of marriage restricted to one man and one woman into the California constitution after voters approved it in November of 2008. The passage of the proposition revoked queer couples ability to get married in the state of California. The court case alleges that Proposition 8 is unconstitutional.

There has been much press and anticipation about this court case, which is expected to be appealed all the way to the Supreme Court regardless of the outcome. So while today’s decision won’t ultimately stand alone, it’s an important first ruling from Judge Walker, and may indicate the direction this court case will go.

MetroWeekly has a good FAQ about the Prop 8 decision and I will be posting as soon as the decision is announced.

Update: There are already rallies planned around the country. Details here.

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4 Comments

  1. Posted August 4, 2010 at 8:52 am | Permalink

    California courts usually hate to overturn ballot propositions so I’m not very hopeful, but obviously I have my fingers crossed and am hoping for good news!

  2. Posted August 4, 2010 at 9:25 am | Permalink

    Fingers crossed from Spain!

  3. Posted August 4, 2010 at 9:57 am | Permalink

    Sending positive vibes from the UK.

  4. Posted August 4, 2010 at 12:41 pm | Permalink

    Let’s keep our eye on the ball, here:

    (1) this is federal court, determining the constitutionality of the ballot initiative, not the state courts.
    (2) since the case will go up, what the judge says the law is is of very secondary importance. What the law is and how it applies to the facts are what appellate courts decide; they’re not bound by the lower courts.
    (3) the findings of fact are a district court judge’s job, and while an appellate court can ignore or rewrite them in various ways, they are much more deferrential to findings of fact than to conclusions of law.

    So, ignore the headlines. Seriously. What matters is what Judge Walker finds as matters of fact from the trial record.

    I probably will be unable to read quickly and do that, but I hope someone does, because that’s the real story that will matter when the headlines fade.

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