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Prop 8 Question

Am I correct in understanding that if the 9th Circuit Court of Appeals agrees with Judge Walker’s decision same-sex marriage will necessarily be legal in the entire jurisdiction of the 9th Circuit Court of Appeals?  Pictured Below.

Comments

  1. Beth says

    Not likely. I say this only because Prop 8 *specifically* states two simple things:
    Section I. Title
    This measure shall be known and may be cited as the “California Marriage Protection Act.”
    Section 2. Article I. Section 7.5 is added to the California Constitution. to read:
    Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.

    Prop 8 is solely directed to California constitution. Taking it to the Ninth Circuit is really just taking it a step down from the Supreme Court, but having them making that decision won’t affect fellow states because it specifically was directed towards California’s law. It would be super awesome if it was a generalized law statement, but it does not appear to be. If the Ninth Circuit, as liberal as they are, could skew things around so that it does affect the rest of the states, that would be great, but it would be ignoring the actual issue at hand. Technically the marriage issues are /right now/ a state-to-state issue. Until the Federal government gets its butt in action and decides to make a Constitutional Amendment for the whole country, no court can decide this except for an individual state court in regards to a law active for the individual state.

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