Prop 8 is Dead

[morningfog]

14. That's wrong. The Prop 8 case has a complicated procedural background.

The opponents of Prop 8 rightfully challenged it through the CA courts. The CA Supreme Court found Prop 8 violated the state constitution. The proponents of Prop 8 appealed to the US District Court. The Dist. Ct. remanded to the CA Supreme Court to answer, specifically, if the proponents had standing to challenge it. The CA Supreme Ct. said they did for a single question. THe US Dist. Ct. upheld the CA Ct. ruling.

Then, the proponents of Prop 8 appealed to the 9th Circuit. The 9th affirmed the Dist Ct and went further. That was the eloquent and lengthy opinion by Judge Walker that would found a US constitutional right to marriage equality. The proponents appealed to the Supreme Court. SCOTUS held that the proponents had standing to appeal to the Dist. Ct. but not to appeal to the 9th Circuit. The 9th Circuit order was vacated. The Dist. Ct. order affirming the CA Ct. order is in effect. The governor cannot enforce Prop 8, it violates the state constitution.