Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Innovative

I thought the ruling didn’t necessarily overturn Prop 8. So how is this legally allowed?


6 posted on 06/30/2013 10:34:58 AM PDT by Shadow44
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Shadow44
I thought the ruling didn’t necessarily overturn Prop 8. So how is this legally allowed?

Here's the sequence: (1) federal district court in San Francisco holds Prop. 8 unconstitutional; (2) 9th Circuit stays that decision pending appeal; (3) 9th Circuit affirms the district court, but continues the stay pending appeal to SCOTUS; (4) SCOTUS vacates the 9th Circuit decision on jurisdictional grounds (meaning the district court's decision stands, but the 9th Circuit's decision is not precedent anymore); (5) 9th Circuit vacates its stay, meaning the district court decision is now in effect; (6) California state officials start performing gay marriages; (7) pro-Prop. 8 forces ask SCOTUS to reinstate the 9th Circuit's stay, because the SCOTUS decision technically won't be final for another 20 days or so; (8) SCOTUS (per Justice Kennedy, sitting as emergency motions justice) says no.

11 posted on 06/30/2013 10:52:44 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: Shadow44

It dismissed the case for lack of Standing. The Fed. Dist. Ct. ruled Prop 8 unconstitutional. THAT ruling is allowed to stand because SCOTUS said none of the Plaintiffs had standing to appeal it.

In short ... Prop 8 is no more.


20 posted on 06/30/2013 11:44:21 AM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson