Wednesday, June 15, 2011

New Ruling Upholds Proposition 8

I'm not surprised: "Gay judge wasn't required to remove himself from same-sex marriage case, U.S. judge rules."

I wasn't surprised at all. And ICYMI, yesterday's New York Times had a good piece on the road ahead for gay marriage, "Same-Sex Vote Unlikely in California":
Regardless of how the lower courts rule, most legal analysts believe the Boies-Olson case will eventually be decided by the United States Supreme Court. No one seems to want anything to happen outside the courtroom to prejudice judges at any level.

“We’re right at the cusp, and it is the conventional wisdom that we can’t go to the ballot to repeal and lose,” said Kate Kendell, the executive director of the National Center for Lesbian Rights in San Francisco. She said an electoral loss could “create a very toxic environment” for same-sex marriage and “send a message that might chill an otherwise more compassionate court.”

Evan Wolfson, the president of Freedom to Marry, another rights group, echoed that statement, saying the federal case has been a “tremendous boost to public understanding about how the denial of marriage really harms families,” but it’s also had a chilling effect on a California ballot push. “While the case is pending, it has made it harder to mobilize the volunteers and money and energy,” he said. “That’s really been the good and bad of it.”

In addition to the potential impact on the federal case, some worry that a 2012 ballot campaign could also galvanize conservative groups in a presidential election year, and bring more Republican voters to the polls in California in a year when initiatives on issues like immigrant rights and the death penalty may make the state’s ballot.

But the wait-and-see decision will no doubt displease some who feel that the voter-approved ban on gay marriage — in a year in which President Obama was elected — was a low-water mark in the gay rights movement.
Seems weird how long ago it's been. Polls have shifted a bit toward gay marriage, but not that much. Politics will still matter, a lot.

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