Apollo just got back from vacation on Mt. Olympus (Greece is lovely this time of year) and had this to say about the ongoing California gay marriage lawsuit: “Gay Marriage Backers Suffer Humiliating Defeat in California.” He is referring to the appeals court placing a stay on Judge Walker’s ruling, which of course found the right to marry could not be withheld by the state of California based on the gender of the two parties.
As a gay marriage backer myself I don’t feel very humiliated. We still won? The effect of the ruling is on hold but the 9th Circuit didn’t make any decision on the merits of the case or even whether or not the proponents of Proposition 8 have the right to appeal. If that is a humiliating defeat, I guess I am embarrassed at how un-humiliated I feel.
AMGer “WV_Republican” showed his complete inability to, say, read, by completely misunderstanding the news in a totally basic way when he wrote this:
Also, it seems that Walker’s “opinion” that traditional marriage supporters don’t have “standing to appeal” was shot down. Now that could be “humiliating…..”
Really? Where the heck did you pull that from? The Wrongington Post? The Learn To Fricken’ Read Times? The supporters of “traditional” marriage were actually ordered to argue why they should be allowed to appeal. The issue is very much undecided at the moment.
In fact, it looks increasingly likely to me that this case will be decided on the standing issue. Therefore, gay marriage would exist in California only, and would not be decided on the merits at either the 9th Circuit or Supreme Court level. This seems like the probable scenario to me because it allows the 9th Circuit and Justice Kennedy to kick the controversial social issue can down the street a few more years. Furthermore, the conservatives on the Supreme Court probably don’t mind avoiding this particular case as well, because if you actually read Judge Walker’s decision you will find that the Proposition 8 proponents barely argued anything at all. I mean really, their presentation was somewhere between amateurish and negligently bad.
If you’re Justice Scalia, you’re reading the Walker decision and thinking to yourself about the Prop 8 legal team: “What the hell? Don’t these morons know how the system works?” Even if you think you’re going to lose the case at the first level, you need to present a factual basis for the Justice Scalias of the world to cite something in the record later on. But there’s nothing. The conservative Justices would need to make up everything from scratch. I truly believe they will happily avoid this one and wait for an appeal coming from somewhere with a good traditional marriage supporting lawyer who knows what he is doing and actually builds a case based on, you know, those fact thingeys. Hint to gay marriage opponents: Call witnesses that actually agree with you on key points.
Apollo continues with this strange idea that the “right to appeal” issue was decided in a further post, writing:
For the 9th Circus to vote against gay marriage the backers must have had a very flimsy argument. But yes I agree, the liberal activist gay judge who said “they weren’t allowed to appeal” just got slapped down pretty badly. What an idiot.
Riiiiight… The Federal Judge appointed by Reagan and having served about 20 years is the idiot. The guy that can’t understand a pretty clearly written piece of news is not. Uh huh.