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05/08/2009

CA's paper anniversary: To be marked with reattached licenses?

by Jeremy Hooper

With another week passing without the California Prop 8 decision coming down, some are starting to wonder if maybe the CA Supremes are Picture 7-171holding out for a specific, thoroughly appropriate time to release their opinion. Namely: The one-year anniversary of their landmark marriage equality ruling, which will be next Friday, May 15. The California Supreme Court typically releases opinions on Thursdays -- so perhaps next week, the day before the one-year-mark, will be the big day?

And the other question: If it is to come down on that date, doesn't that pretty much guarantee it'll be positive for our side? After all, it'd be pretty rude (read: totally shitty) for them to mark the anniversary of their own historic ruling with one that runs counter to its initial promises.

So we have to wonder: Will we round out next week by getting (back) our sixth marriage state? Will we ruin another mid-May day for all those groups who misuse the phrase "protect marriage? Legally-shunned ring fingers crossed, everyone!

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Your thoughts

And, if they uphold Prop H8 next week, it could give a whole new meaning to Mother's Day!

Posted by: Dick Mills | May 8, 2009 2:21:22 PM

Lordy! I've heard of massive stretching borne of wishful thinking, but this takes the cake!

I'll eat every hat I own if they cancel Prop. 8 and restore marriage rights. Mostly, though, I'm being more realistic and saving my bucks to help fund the next battle.

Posted by: K in VA | May 8, 2009 2:55:34 PM

I suggested elsewhere that I expect the ruling to come down around this date, but I have a hard time believing it's because the justices want to make a big stink about anything. I think they just have some internal process that gives them a certain amount of time to review, circulate, and finalize the decision.

Posted by: Bruno | May 8, 2009 3:00:29 PM

Is it really that far-fetched, K? The decision has to come down in the next few weeks. Next week sounds as good as any.

Oh, and you can have positive thoughts about the very valid reasons why the court might side with us and STILL keep your bucks for the next fight. Optimism is free.

Posted by: G-A-Y | May 8, 2009 3:10:55 PM

K, I think that every court, in the wake of the Rodney King verdict, are highly cognizant of the possibility of fanning the flames that their decisions can fuel. So, it seems reasonable to assume that if the court is going to hold up Prop H8, that they wouldn't do it on the anniversary of the date that they struck down Prop 22.

This is a highly charged and emotional subject, and not just in California. Prudence would virtually demand that they at least consider the symbology. If they wait until after next week, then all bets are off - and they do still have about 3 weeks left. But if they announce that they are going to publish the decision next week, I would lay odds on a favorable decision.

And Kate Kendell (whose reputation is somewhat on the line) went on record last week with her (although slightly equivocal) prediction that the court would side with us.. But, at this moment, it is all conjecture. The eternal optimist in me is sitting on the edge of his seat with bated breath, hoping not to be disappointed.

Posted by: Dick Mills | May 8, 2009 3:55:38 PM

If it comes to a next battle, I will offer to personally make any commercials needed for free. I'm actually pretty good at that.

Here's praying that it doesn't come to that tho'.

Posted by: Clicky the Fox | May 8, 2009 9:19:34 PM

The opinion is coming out shortly. I doubt it will be on any "anniversary." The justices have already indicated where they intend to come down on the subject. The ball will then be in our court. It is up to us to effect the changes we want, rather than wait for a judicial miracle. One in a decade is already above the average.

The California Supreme Court's ruling gave momentum to the idea of same-sex marriage. It is up to us to sustain the momentum. Thank you Massachussetts, Iowa, Vermont, Maine, Connecticut, New York City, Canada, European Union, South Africa, etc., etc. I have no doubt but that the tide has turned in our favor.

Posted by: Houston | May 8, 2009 10:26:16 PM

Wow, Houston. What have you heard? The collective "wisdom" seems to agree with you, but no one else seems to be as adamant about it.

Posted by: Dick Mills | May 9, 2009 1:00:21 AM

I don't think the law cares about the significance of dates so much as getting their ruling correct and out there.

as far as the ruling goes, I thought the whole issue was a tough one for our community anyway, because it wasn't about whether or not marriage equality is ok but rather about some technicality in the law that was supposedly going to be hard for the glbt folks to prove.

and i thought some of the justices who supported us the last time around have gone on public record saying they are hesitant to reverse the majority of the voters in the state...

i don't know. I'm watching this unfold from the midwest, where except for iowa and some urban areas it's pretty bleak for the glbt community. so i'm not so optimistic, but rather ready to continue on the fight for equality whereever it leads us.
after watching "milk" for the umpteenth time, I am convinced that bigots never stop -- they were defeated by harvey and here we are in 2009 listening to the same baseless fearmonger claims and fighting still for our dignity and self-worth.

being glbt is at least ok in urban areas, but out where I am it is absolutely horrible.

Posted by: engaged voter | May 9, 2009 2:49:01 PM

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