04
Aug
10

California’s Proposition 8 overturned

Fuckin’ A.

This is, of course, not the end; blah blah blah Churchill blah.  But that the decision will no doubt be appealed all the way up to the Supreme Court should by no means suggest that it’s inconsequential:

What matters are the facts that Walker finds. Why? As Chris Geidner notes, “[the] judge or jury who makes the findings of fact, however, is given deference because factual determinations are aided by the direct benefit of the judge or jury at trial. On appeal, Judge Walker’s findings of fact will only be disturbed if the appellate court finds any to be clearly erroneous.”

Those findings, detailed in Ambinder’s post, are rather less than clement to the gay-cooties crowd.

Over at Popehat, however, contributor Ken bids us be cautious in our enthusiasm:

There’s no dispute that marriage is a fundamental right. Judge Walker correctly states that the issue is what “marriage” means — does it mean “a bundle of rights held by a man and a woman wishing to join in matrimony,” or does it mean “a bundle of rights held by two people wishing to join in matrimony.” He answers that it is the latter. This is a situation where my ability to critique is clouded by my liking the result, a hazard of all legal commentators. I’ll read it again, but it comes off a little question-begging to me upon a first read.

Still, the Supreme Court has been pretty good on civil rights lately.  I’m cautiously optimistic.

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