I've heard conflicting things about an appeal of today's Prop 8 ruling.

[pnwmom]

I think I heard on CNN that, because the opinion was narrow, it will only apply to California and that it can only be appealed to the full circuit court -- but not to the Supreme Court.

However, all the articles I've been reading say that it's expected this will be appealed to the Supreme Court.

Anyone know the real answer?

[Mz Pip]

1. Just what I saw on MSNBC

The tag line said Prop 8 could be appealed to SCOTUS.

[Pab Sungenis]

2. This was a circuit court panel

and the ruling is narrow and likely to only apply to California.

Since it was a panel, the case can be appealed to the full circuit court. After the full court has ruled, it can be appealed to the Supreme Court.

Or the parties could just let the panel decision stand, let it be re-legalized in California, and take it from there. If the Supreme Court hears it and upholds the circuit ruling it might provide a precedent to declare ALL of the referenda on gay marriages unconstitutional.

[MineralMan]

4. The full circuit doesn't have to hear the appeal,

though, and may rule to not hear it. From there, it could go to the SCOTUS, but I suspect they would not take it, just to avoid the chance of a national precedent. This decision was very narrowly made. I think it may well end here, with a denial by the full panel.

[joeybee12]

5. I agree...my understanding is the whole court must agree to hear it...

the whole circuit court...that's not gonna happen...it will be appealed to the SCOTUS and only 4 need to agree to hear it...I think the odds are slightly in favor they might take it.

[COLGATE4]

3. Because of the facts, it is only at present

applicable to California. However, since it's a decision by the 9th Circuit it theoretically covers all the states where the 9th Circuit has jurisdiction. What the idiots will do is first to try and get it heard by the entire court (en banc) rather than a 3 judge panel, and then appeal the decision to the Supreme Court. However, for the time being it's the law of the land in the 9th Circuit.

[MineralMan]

7. It was very narrowly held, and so, unless another state has exactly

the same situation, it won't cover other situations. That was deliberate on the panel's part, and they said so. The opponents may ask for a stay on the decision from the entire court. If they don't get that, then marriage will be allowed. I don't think the 9th Circuit will grant that stay.

As for the SCOTUS, I don't think they're going to bother with this narrow decision. I don't think they'll hear this one. Instead, I think they're waiting for one with broader boundaries than this.

[hifiguy]

6. I am looking at the opinion

it's quite a lengthy treatise. The introduction is a pretty nasty slap-down to the pro-Prop H8ers. Whole decision here: http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision

[pnwmom]

9. Thanks! n/t

[HillWilliam]

10. I read the affirming decision and now I'm wading through the dissent

I'm no legal-beagle in any sense, so the dissent is a bit of a slog for me.

Am I reading this right that the objections he seems to raise are procedural and no so much dissenting with the majority opinion? I see he does go on and on about "responsible procreation".

I'd love for someone to encapsulate the dissent in a paragraph or three for us layfolk. If I had a guess, that's what the wackogelicals will latch on to and beat us gayfolk to death with it.

[Freddie Stubbs]

8. Regardless of where it is appealed next, this case will eventually make it to the USSC