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Aug 9, 2010: Prop 8 Unconstitutional -- but for How Long? This Week in Prop 8 for August 9, 2010

Whew, well, it's been quite a couple of days, hasn't it?

Prop 8 has been found unconstitutional based on "overwhelming evidence", but that doesn't mean it's going away. While the proponents appeal his ruling, Judge Walker may allow the ban to stay in place.

But even if it does, Olson and Boies are delighted by the ruling, as is a relieved public (except for the proponents, who are pretty glum). And they're also defending their win, with both Boies and Olson giving particularly good takedowns of arguments against equality.

Obama, meanwhile, has been pretty quiet.

So now the big question is: what's next? Well, sometime this week, Judge Walker will consider whether to lift Prop 8 right away. And then the case will be argued before the Ninth Circuit sometime in early 2011. Then it'll probably go to the Supreme Court in the latter half of the year, or in 2012.

It's also important to note that this November's election will have a significant impact on how the case goes. Current state leadership has refused to defend Prop 8 in court, but Meg Whitman supported the proposal. That's why it's important to get Jerry Brown in the governor's office, Gavin Newsom in the Lieutenant Governor's, and Kamala Harris in the Attorney General's.


 

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