Posted by
TheChair on Tuesday, April 07, 2009 2:17:37 AM
It's been months since the '08 election. Prop. 8 has been argued and Californians await a decision by the state Supreme Court. We expect it to be published by the first week of June. The best analysis concludes that the court will uphold Prop. 8 while also permitting the preexisting same-sex marriages to survive. But the court will do what it will.
Assume the court upholds Prop. 8. The next stage of this conflict will be at the federal level--during the Obama administration. One worrisome scenario is where the California Supreme Court upholds Prop. 8 on state constitutional grounds, but plants in its opinion a weakness that can be leveraged in federal courts by same-sex marriage proponents.
All talk is just that, talk, until the opinion is published.