Very bad ruling in California SCOTUS position. A punt that leaves the lawlessness of the California Supreme Court intact.
This leaves all state laws & state constitutions to the whim of an administration. In the event that an Attorney General of a particular state decides not to uphold civil rights legislation in a given states constitution, what is it to prevent him from doing so?
Worse. It will eventually come back to “comity” and all states will have to observe MA or CA law. It invalidates the Edmonds Act and I cannot see how this can not open the door for polygamy, then beastiality, then incest. Once the definition is gone, any definition is accepted.
The Prop 8 5-4 ruling/punt was written by Roberts, and joined by Kagan, Breyer, Ginsburg and Scalia. Strange bedfellows.
Didn't the California Supreme Court uphold Prop. 8 and a Federal judge with the approval of the Ninth Circus overturn it?