You are currently browsing the daily archive for August 4, 2010.
No copy of the decision available yet. Obviously it will be appealed.
Second addendum: TPM has some highlights.
I wanted to check as to whether the enforcement of the judgment would be stayed pending appeal, so I skipped to the end of the decision.
Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.
Looks to me like homosexual couples can hitch themselves tomorrow if they want. (TPM reports that a stay was granted, which is standard procedure.)
It’ll probably survive the 9th Circuit appeal. So how will Justice Kennedy vote when it gets to the Supreme Court?
Third addendum: Judge Vaughn Walker isn’t equivocal in the least.
Because slaves were considered property of others at the time, they lacked the legal capacity to consent and were thus unable to marry. After emancipation, former slaves viewed their ability to marry as one of the most important new rights they had gained.
I’ll read the whole thing tonight and comment further. There’s some great stuff in the decision. Check out some of the passages the Kos folk found.
Fourth addendum: Lest we become too sanguine, there’s still Dan Choi and others like him. And there’s this. Reminders that there’s still a long road.
Fifth addendum: Hilarious and sad responses from the lunatic fringe.
Sixth addendum: A team of sociologists provides this pie graph to represent all of the consequences of yesterday’s ruling. The chart comes from GraphJam.
When I have some time, I’ll discuss the current right wing cause to repeal the 14th Amendment. The Democrats have already seized upon it as a campaign issue, and Republican candidates facing re-election find themselves between a rock and a hard place.
Addendum: The push isn’t sitting well with African-American conservatives. One example.
I heard it on KHSU this morning. Fortunately it airs on KMUD at noon.
He received his final discharge papers recently. Apparently he and his father are not on speaking terms. There’s a huge weight on the shoulders of this remarkable young man.
I think DADT will be repealed, but not until after the election.