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It cracks me up that it's seeming to be Conservatives' best bet to simply give up on California, and allow the case to die here - without going on to an appeals court.
Cases affirmed on appeal carry roughly a billion times the precedent weight of a lower court decision. If the Ninth Circuit affirms, even though the case is tied to California in myriad ways, the precedent could be used to challenge gay marriage bans across the nation.
Worse yet, the conservo-fundies are not even sure the Supremes could be counted on to reverse Judge Walker's rulings, now that they've had to chance to examine them and have discovered their impenetrable awesomeness.
In some conservative quarters, it's already looking like giving up California for the sake of being able to carry on bigotry in 44 other states would be a wise strategic retreat. Seeing as there's an easy way out ... in fact, perhaps an automatic way out (it's looking less and less like anyone with standing will make an appeal) - restoring equal marriage to California may be what Conservatives are hoping for.
That's delicious irony. I think I'll enjoy the taste for a few days
... but hope that the Ninth Circuit finds some way to take the case anyway.
And I believe they will. Now that we're on a roll, it would be a shame to stop here. It's a roll of the dice I'd be willing to take ... the stakes are too high not to try. Marriage in California for gays is marriage in name only - without the federal rights that accompany straight marriage.
So while I was giddy for a while today at the thought of gay marriages starting up again, I think it would be best if the Ninth Circuit ignored the law and allowed the H8ers to appeal.
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