Brace Yourself: Prop 8 Decision Coming Soon

Reliable sources say that the Ninth Circuit will issue a decision tomorrow on Perry v. Schwarzenegger, better known as the Prop 8 case. The case involves a California ballot proposition that defines “marriage” in the traditional way. The trial court (Judge Vaughn Walker) struck down Prop 8, on the grounds that it violated the equal protection and due process rights of Californians — a victory for the “Living Constitution” as our own Richard Epstein put it.

There are 2 threshold issues: (1) was the trial judge required to recuse himself given his undisclosed 10-year same-sex relationship (see my earlier post)?  If “yes,” then the case goes back to a new trial judge.  (2) Do the defenders of Prop 8 have “standing” to sue in light of the State of California’s refusal to defend Prop 8? If “no,” then the trial judge’s decision stands.

But if the case clears those two threshold questions, then the Ninth Circuit has to decide whether to uphold the decision on the merits. This is the Ninth Circuit, so my expectations are low. But the Circuit did just give the trial court a slap on the wrist for breaking an earlier promise to keep video recordings of the trial under seal. (ht: NRO Bench Memos).  I’ll say more about the merits once I read the Ninth Circuit decision. Stay tuned…

  1. Tommy De Seno
    C
    Adam Freedman: 

     The case involves a California ballot proposition that defines “marriage” in the traditional way.

    The traditional way!    I’m all for bringing back Coverture.  That’s the traditional way.

  2. Joseph Stanko
    Tommy De Seno

    Adam Freedman: 

     The case involves a California ballot proposition that defines “marriage” in the traditional way.

    The traditional way!    I’m all for bringing back Coverture.  That’s the traditional way. · 39 minutes ago

    I refuse to bite on that one.

  3. Mollie Hemingway
    C
    Tommy De Seno

    Adam Freedman: 

     The case involves a California ballot proposition that defines “marriage” in the traditional way.

    The traditional way!    I’m all for bringing back Coverture.  That’s the traditional way. · 2 hours ago

    I figured after all of these Ricochet threads, someone would have mentioned that traditional marriage is marriage that is defined around the complementary nature of the two sexes.

    How did that get missed?

    Just kidding. After last week’s epic culture war and media mismanagement of same (re: Planned Parenthood), I can hardly wait for this week’s round. Am I weeping, you ask? Maybe just a little bit.

  4. Tommy De Seno
    C
    Mollie Hemingway, Ed.

    Tommy De Seno

    Adam Freedman: 

     The case involves a California ballot proposition that defines “marriage” in the traditional way.

    The traditional way!    I’m all for bringing back Coverture.  That’s the traditional way. · 2 hours ago

    I figured after all of these Ricochet threads, someone would have mentioned that traditional marriage is marriage that is defined around the complementary nature of the two sexes.

    The complimentary structure of the sexes traditionally involved male dominance and female submissiveness, thus Coverture.

    Those “19th Amendment” types threw the male/female relationship out of its natural balance. 

    And eventually threw a lot of men out of work with it.

  5. The King Prawn
    Tommy De Seno

    The complimentary structure of the sexes traditionally involved male dominance and female submissiveness…

    You say that like it’s a bad thing.

    Just kidding! I can feel Mollie staring at me from here…

  6. Joseph Eagar

    I think we can all predict the outcome of this.  Let’s hope the SCOTUS has a differing opinion.  The best way to eternally delegitimize gay marriage in the mind of the public is for the courts to legalize it.

  7. Joseph Eagar
    Tommy De Seno

    Adam Freedman: 

     The case involves a California ballot proposition that defines “marriage” in the traditional way.

    The traditional way!    I’m all for bringing back Coverture.  That’s the traditional way. · 3 hours ago

    Reminds me of “old money” families who were, in their time, the nouveau riche.  Tradition depends on what time-frame you use, obviously.

  8. Mama Toad
    Tommy De Seno

    Mollie Hemingway, Ed.

    Tommy De Seno

    Adam Freedman: 

     

    The complimentary structure of the sexes traditionally 
    involved men saying things like, “Nice gruel,” and women complimenting men on their skill in the hunt…

  9. The Lost Dutchman

    And here I thought Perry v. Schwarzenegger was a dispute over what sort of accent the Republican governor of a heavily populated Southwestern state should have.

  10. Joseph Stanko
    The King Prawn

    Tommy De Seno

    The complimentary structure of the sexes traditionally involved male dominance and female submissiveness…

    You say that like it’s a bad thing.

    Just kidding! I can feel Mollie staring at me from here… · 18 minutes ago

    Judging by the typical sitcom, modern marriage involves female dominance and male ineptness and irrelevance.

  11. Joseph Eagar
    J.D.: And here I thought Perry v. Schwarzenegger was a dispute over what sort of accent the Republican governor of a heavily populated Southwestern state should have. · 32 minutes ago

    That would make a great politico cartoon.

  12. James Gawron

    Adam,

    1,000 years ago Judaism and Christianity realized that Monotheitic Monogamy was the moral way for Men and Women.  For the entire 1,000 years Western Civilization has adhered to this standard.  This view is the principle difference between the first two Monotheistic Religions, Judaism and Christianity, and the third Monotheistic Religion, Islam.

    Islam has never accepted Monogamy.  You may have 4 wives and as many concubines as you can pay for, in Sharia Law.  In an earlier discussion on Richochet I presented a theory that the biggest problem for Islamic Women is exactly this lack of respect for Monogamy.  Women under Sharia are the property of men.  As a women in a multi-wife family she has little actual power.  If she in any way displeases the husband, she can simply be demoted and a more loyal and willing wife brought in to take her position.  With this kind of submissive workforce a man can become an economic tyrant and use his slave labor for profit. (cont.)

  13. James Gawron

    (cont. from #12)

    Women who rebel are subject to honor killing.  A husband, father, or brother can murder a women if she has the wrong relationship.  Even simple insubordination is enough to justify a physical beating according to Sharia Law. 

    It is Monotheistic Monogamy that has liberated Women.  The Jewish Katubah, marriage contract, is often joked about.  Don’t let the Hussen, groom, read it just get him to sign it, so the joke goes.  This is because a Jewish marriage contract, the same for a 1,000 years is almost exclusively duties that the husband must perform for the wife.  Certainly the Jewish wife was protected more then any other women on earth for the past 1,000 years.  Christianity made the same sort of move to Monogamy about the same time.  Christian women have had far more protection and power then the non-Christian world ever provided.

    I do not think that it is a stretch of the imagination to say that the bedrock of freedom as created by Western Civilization is Monotheistic Monogamy.

    I am waiting for your next post Adam.

    Regards,

    Jim

  14. Tommy De Seno
    C
    Joseph Stanko

    The King Prawn

    Tommy De Seno

    The complimentary structure of the sexes traditionally involved male dominance and female submissiveness…

    You say that like it’s a bad thing.

    Just kidding! I can feel Mollie staring at me from here… · 18 minutes ago

    Judging by the typical sitcom, modern marriage involves female dominance and male ineptness and irrelevance. · 57 minutes ago

    That’s the truth.   I long for “Father Knows Best.”   It was my favorite show.

  15. Mollie Hemingway
    C
    The King Prawn

    Tommy De Seno

    The complimentary structure of the sexes traditionally involved male dominance and female submissiveness…

    You say that like it’s a bad thing.

    Just kidding! I can feel Mollie staring at me from here… · 2 hours ag

    Need I remind you that I once wrote a post here at Ricochet headlined “My Name’s Mollie and I’m a Submissive Wife“?

  16. KC Mulville

    It’ll go to the Supreme Court either way, and the fact that the Ninth Circuit is making this … interim ruling … is hardly a sway on the Supreme Court, since they overturn the Ninth frequently anyway. It’ll almost be a strike against SSM advocates for the Ninth to rule in their favor.

    Count on the Ninth to support SSM, and then a wave of media “stories” that proclaim this as a pivotal moment in our lives … a landmark to equality … a threshold about how most Americans now support SSM (funny how such stories never appeared when polls showed solid majorities against it) …

    We all know it’s coming, and we all know it’s meaningless. Whether it happens or not makes utterly no difference. 

    It’s just another yada in the yada yada. 

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