1. No same-sex legal marriages can take place in CA right now. There is a stay which will probably remain in place as this thing goes through the 9th Circuit and on to the Supremes. This could take years.
2. The US has not legalized gay marriage.
3. There is no guarantee of what will happen in the Supreme Court (because of the purpose of the 9th Circuit, that should be no problem), although yesterday's ruling was extremely, extremely cleverly reasoned and incredibly legally sound. It's a remarkably strong document.
4. DOMA is still on the books.
5. Other than momentum and hope, today is exactly like yesterday.
no subject
Date: 2010-08-05 03:38 pm (UTC)no subject
Date: 2010-08-05 03:49 pm (UTC)It's like the actual words and rational thought process this judge offered- means absolutely nothing to them because of this. That sort of rationale disturbs me a great deal for what it, well, not what it implies but what it pretty loudly proclaims.
no subject
Date: 2010-08-05 03:50 pm (UTC)Oh, but right, polite society demands we at least pretend to view those groups as human now.
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Date: 2010-08-05 03:57 pm (UTC)no subject
Date: 2010-08-05 04:32 pm (UTC)no subject
Date: 2010-08-05 05:46 pm (UTC)no subject
Date: 2010-08-05 07:14 pm (UTC)no subject
Date: 2010-08-05 08:09 pm (UTC)..at least, I really, really hope that would be the way it was seen.
no subject
Date: 2010-08-05 03:51 pm (UTC)For some reason, the American Family Association sends out e-mail blasts that get caught in my spamtrap at work. So I saw their initial response, which was "The judge is gay, therefore he is BIASED against us poor oppressed CHRISTIANS!!!!"
no subject
Date: 2010-08-05 04:07 pm (UTC)It's funny, I don't generally read the legal document that results from a court case but I read this one and listening to the OMG! he's queer so he must have been biased! whining becomes so ... bizarre now that I did.
Even setting aside my own feelings about the issue, I think this brief was excellently written and is really going to force the appeals process to actually deal with the core issues -- that basic rights aren't up for majority vote (and never have been), that the state's interest in marriage is secular, not moral and that there are no measurable harms that occur from same sex marriage.
no subject
Date: 2010-08-05 09:29 pm (UTC)To me, then, the relevant discourse is this: Yes, Virginia, gay judges are just as good as straight ones, if not better.