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Reinhardt's opinion said that when the California Supreme Court overturned an earlier anti-gay marriage measure and allowed same-sex couples to marry, it established a right that Proposition 8 then sought to cancel, thus violating the equal protection clause of the U.S. Constitution.

This is such ridiculous logic. The CA people passed a law saying only opposite sex couples can marry. The CA Supreme Court invalidated it. Homosexuals started to marry. The CA people passed a constitutional amendment saying only opposite sex couples can marry. A 3 judge 9th Circuit panel invalidated it.

The will of the people was thwarted by judges. The judges are the ones that granted gays the "right" to marry. The CA people never granted that right. They were only blocked for a while by judges from legally defining marriage in CA as the union of a man and a woman. For the 9th Circuit panel to say that the CA Supreme Court established that right is tyranny, as that "right" was in direct opposition to the will of the people.

For the 9th Circuit panel to say that the CA Supreme Court established that right is tyranny, as that "right" was in direct opposition to the will of the people.

This is where I think this ruling really "stepped in it!" You see, Supreme Courts don't create "rights," only the legislature can create laws which establish boundaries. As stated by the original CA Supreme Court ruling which brought about Prop. 8 - it needed to be a constitutional amendment to declare same-sex marriage illegal.

The people complied with the original order of the CA Supreme Court and then they denied the people OF THAT RIGHT! Meaning the will of the people was thwarted TWICE and now the 9th says that since the CA Supreme Court has thwarted the will of the people TWICE, we can't see going along with the people!

The US Supreme Court should be able to see that the CA Supreme Court denied the Representatives of the State to create a law because it needed a constitutional amendment. Then the CA Supreme Court denied the PEOPLE to create their own Constitution - based on THE CA SUPREME COURT RULING - thereby completely negating the "We the People" from the ENTIRE picture. The US Supreme Court could use this to really SMACK both the 9th and the CA courts for not only denying the people of California their CONSTITUTIONAL right to self-govern, but also for creating "rights" completely out of thin air, against the will of the Representative Government AND the direct vote of the People! The question is, will they?!?!