A federal appeals court in California has ruled that the state cannot constitutionally ban marriage equality.
YES!
YES!
YES!
Bahaha! YES! Victory number two!
Of course, I’m going to be realistic and remember that this isn’t a total victory. It’s going to be appealed, of course, and it’ll go to the Supreme Court. However, it’s a possibility that the SC, not wanting to create a national precedent, will refuse to hear it. They can do that, and if they refuse to hear the case, the federal appeals ruling will stand.
This, unfortunately, would be a double-edged sword. If the SC refuses to hear the case and lets the appeal ruling stand, California gets SSM, but any precedent for cases in other states are weaker. (It’s also good to point out that if the SC hears it and rules against SSM, then we’re screwed for a good couple of decades.)
Total victory, in this case, would be the SC hearing the case and ruling that SSM bans are unconstitutional, which pretty much destroys the bans nationally. (With, of course, wonky situations like bans that are enshrined in state constitutions making the whole thing a bit less cut and dried.)
BUT. It’s a start. It’s a victory. And I’m happy!
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bit late but eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!!!
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