And if the court does not think the prop 8 supporters have standing, then the case could be decided long before the elections.

__________________
Sent from an agnostic abacus

2014 C250 21,XXX my new DD ** 2013 GLK 350 18,000 Wife's new DD**

- With out god, life is everything.
- God is an ever receding pocket of scientific ignorance that's getting smaller and smaller as time moves on..." Neil DeGrasse Tyson
- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.

Only in the state of California.

I think I read somewhere that the Judge did not reference Baker v Nelson in his decision. I perused his lenghty decision and did note references to Griswold and Loving in his opinion. In 1972 the MN Sup Court in Baker ruled that the state law did not violate the US Constitution and in the process reviewed these precedents and found them as lacking precedent:

....On appeal, the Minnesota Supreme Court affirmed the trial court's ruling, and specifically ruled that Minnesota's limiting of marriage to opposite-sex unions "does not offend the First, Eighth, Ninth, or Fourteenth Amendments to the United States Constitution".
http://tripatlas.com/Baker_v._Nelson

Case then goes to the US Supreme Court, which issues a 1 sentence order and dismisses the case "for want of a federal question". Baker then, as settled law, goes on to be cited as precedent in federal cases over the years.

I wonder why Judge Walker did not address Baker in his decision? Isn't he making a "federal question" of this issue and in doing so going against settled law? Yet he makes no mention of Baker? Maybe that's why the Ninth Circuit put the brakes on it.
Maybe they see problems with it and want a remand to dress it up for it's trip to Washington. Or maybe they want to take the time to mention Baker in the deliberation process? Who knows? I will leave that up to the lawyers.

And
Connecticut
District of Columbia
Iowa
New Hampshire
New Jersey
New York
Maine
Massachusetts
Vermont

Iowa was kind of a surprise. But as a friend said that growing up on a farm you find out that some are just born that way.

__________________
Happy Benzing
Darryl, Hill
2005 SL55 AMG Kleemanized
1984 500 SEC
1967 W113 California Coupe
[SIGPIC]
https://picasaweb.google.com/lh/myphotos

In a unanimous decision, the court found that the proponents os Prop 8 have the requisite standing to appeal. The ruling protects the system by not allowing the action or inaction of the state to determine the legal course of the legal challenge.

I think that ruling and it's justification (which I heard summarized on NPR) were well-reasoned. Particularly because the 9th is probably on the side of gay marriage (my own thought, not NPR). They did their job removing impediments to a clean case down the road.