Tomorrow will be a big legal day, as the 9th Circuit Court of Appeals has pre-announced that it will release its decision in the Prop. 8 – California same-sex marriage case:
The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion.
Background from my prior posts:
- California Sup. Ct.: Prop 8 defenders have standing to defend marriage law
- 9th Circuit Sends Prop. 8 Case Back To California Supreme Court On Certified Question
- 9th Circuit Grants Stay Pending Appeal in Prop. 8 Case
- In Stay Motion, Prop. 8 Supporters Quote Obama’s Audacity of Hope
- Prop. 8 Supporters File Emergency Motion for Stay In 9th Circuit
- Prop 8 Stay Still In Effect Until August 18
- Ted Olson May Be Too Smart By Half
- Deconstructing Marriage
- Fed Judge Finds Calif. Prop. 8 Unconstitutional
No, I’m not making predictions. Except that if it is a ruling upholding the lower court (i.e., that Prop. 8 violates the federal constitution), the U.S. Supreme Court will accept the case.
At which point, we may learn whether Elena Kagan meant what she said during her testimony in connection with her nomination to be Solicitor General: “There is no federal constitutional right to same-sex marriage.”
Or if, as some including Ann Althouse suggested, it depends upon what Kagan meant by “is”.