Landmark gay marriage trial starts today in California

Transcript here.The early analyses I've seen strongly suggest Kennedy wants to punt it.

I think all of the Justices are seriously considering doing that. Once the state declined to defend its own law, the standing of any one to challenge the law is extremely suspect. The court has already taken on a replacement case.I have hopes that Chief Justice Brown[1] won't want to get on the wrong side of history, but I think it more likely that the Court will punt the case.Yet another landmark case today. This one challenging DOMA. This can be framed as a Feds vs. States case. What will Scalia-Thomas do with that?Footnote ABE:[1] Should be Chief Justice Roberts. Thanks ooh-child for the correction.Edited by NoNukes, : No reason given.Edited by NoNukes, : No reason given.

Chief Justice Brown?

Yes, I'm an idiot. Thank you.Chief Justice Roberts.

At least you know somebody is reading your posts.

The Supreme Court has held that the the group defending Prop 8 did not have standing to appeal from the District Court decision, thus the Ninth Circuit's opinion is vacated. This means that the District Court decision remains as the law and Prop 8 is unconstitutional. Opinion here.In related news, Section 3 of DOMA is unconstitutional. Opinion here.

Heads are already exploding in my part of CA - I heard a few pops driving to work this morning on the radio. Folks in my county are vowing to support our county clerk, should s/he decide to refuse marriage certificates to gay couples.This'll be interesting.

"Support" from the community or not, all that would happen is a lawsuit against the County (and possibly the clerk her/himself) for unlawful discrimination.

And provide a rally point for the conservative commentators who are vowing to oppose the courts' rulings. Just what they'll be looking for now.Citing MLK, Gary Glenn Calls On Christians And Governors To Ignore Any Pro-Marriage Equality Ruling From SCOTUS | Right Wing WatchThe Tea Party is still very strong around here.

Yet how would they accomplish that? How could they possibly win such a case, when the Supreme Court has already weighed in on the matter? The 9th Circuit ruling stands: Prop 8 was unconstitutional, plain and simple. The bigots can do all they want - there's no higher court to appeal to any longer. All they can do now is try for a Federal COnstitutional amendment...and that's just not happening.Or is there some potential legal nonsense I'm not aware of?

No you've pretty much nailed in on the head. But I do think there will be a lot of bigoted shit being flung around about this on conservative (Fox) news. Although, that is nothing new for Fox.This is a big deal for the US, a country so large and diverse and divided.Go get married gays! Go find out how great you used to have it!- Oni

I believe a comedian said (i forget his name)said something to the effect,
"I say let em get married and be miserable as the rest of us."

Technically, the Ninth Circuit's ruling is vacated and the appeal is dismissed. It's the District Court's ruling that stands. But you are correct that the final result is that Prop 8 is unconstitutional.

Sorry, I'm not talking about more legal challenges. The die-hard Tea Partiers around here would just love to show up at a local courthouse if they could find a clerk willing to deny a gay couple their paperwork. Make a big scene, get some local conservative press, & probably get some Fox coverage to boot.It's been awhile since Sean Hannity came to town - he may want to do another rally, this time supporting our local bigotry.

I see. Well, that could certainly happen. It would be foolish, because the clerk and the county would be sued, but I don't think many would be surprised that bigots are often fools.