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…
Join Ricochet to be part of the smartest and most civil conversation on the web.
- Engage in great conversations on just about any topic on our exclusive Member Feed.
- Write your own posts and let the world know what you think.
- Interact with our contributors as well as fellow members.
- Have your voice heard by opinion-makers and political insiders.
- Attend our legendary Ricochet member meet-ups that take place all across the country and around the world.