despite winning 8 Proposed appeal, gay marriage advocates are concerned about how this high-risk strategy will be played legal
decision Tuesday by the Court of Appeals for the Ninth Circuit on the constitutionality of California's ban on gay marriage will not end the discussion on the rights of same-sex couples in U.S. states, but will be a vital step in the inevitable confrontation with the Supreme Court of the United States in Washington.
jurists are almost unanimous in their assessment of the merits of the case: there is a good argument to make, for example, denying same-sex couples of their rights to equal protection under the Constitution of United States .. This is especially true because 18,000 gays and lesbians in California have managed to tie the knot
before
gay marriage was stopped by a popular referendum in November 2008, are recognized by the state as legally married.
This view was later confirmed by Judge Vaughn Walker, who heard the case in the District Federal Court, and was careful to gather evidence on all aspects of the matter before declaring in August 2010, which clearly constitutional imperatives triumphed over the will of voters.
gay marriage opponents complained that Judge Walker was biased because he is gay - and publicly acknowledged after his retirement, a year ago - but his efforts to make its decision on this oveturned base are not
- One feature of the matter is that the named defendants, first, then California Governor Arnold Schwarzenegger and the current governor, Jerry Brown, have chosen to remain outside it . This left the movement against gay marriage advocates to fight for the financial and legal situation, even giving them the right to fight for their place in the court at all.
- lot of legal wrangling over the past year has been the question of whether the champions of Proposition 8-the California ballot initiative that outlawed gay marriage, had a place in the room. The appellate court, as Judge Walker decided it was best to let them talk, which deny them their opinion on a procedural technicality.
They were committed from the beginning that the two could get this case to the Supreme Court and won. They, in turn, were hired by a former employee of the Clinton White House called Chad Griffin, who decided two years ago and a half, a short in the defense community for gays and lesbians and pull the moon to legalize gay marriage, and vonce for all. Some groups became so angry against what I could not throw their support to the application and three of them - including Lambda Legal and the National Council for the rights of lesbians - the first attempt, unsuccessfully intervene with their own witnesses and evidence, even if Olson and Boies made it clear that would be against-productive.
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