The U.S. Court of Appeals for the Ninth Circuit’s public information office expects a ruling on Tuesday, Feb. 7 by 10 a.m. Pacific/1 p.m. Eastern Time in the Perry v. Brown case challenging the constitutionality of Proposition 8.
“Regardless of how the 9th Circuit rules,” writes Howard Mintz in the San Jose Mercury News, “Tuesday’s ruling is expected to be only a prelude to further legal skirmishing that ultimately is likely to wind up in the U.S. Supreme Court.”
If the Ninth Circuit overturns Prop 8, it will be interesting to watch President Obama’s reaction.
The Republican candidates will make political hay from this, by faulting liberal judges for overstepping their mandates. And they’ll have a point. This is an issue for state legislatures not federal courts. And as we saw last year in New York State — and this year in Washington, elected legislators are moving forward on state recognition of same-sex marriage.
And one more thing. This is not about the right to marry, to live openly with the spouse of your choice, but about state recognition of such unions. It would be nice if the rhetoric in this debate reflected that reality.