today’s KisP fun facts

News reports that California’s Prop 8 has been struck down as unconstitutional are completely false…

…Proposition 8 is the amendment to the California Constitution that defines marriage as the union of one man and one woman. A federal trial judge–Vaughn Walker–held that Prop 8 violates the Fourteenth Amendment of the U.S. Constitution.

On Wednesday, the Supreme Court held that only the losing defendants in that case–the governor and attorney general of California–had standing to appeal that decision. When they refused to do so, Prop 8′s official sponsors filed the appeal with the U.S. Court of Appeals for the Ninth Circuit, and pursued it all the way to the Supreme Court.

Since the official sponsors lacked standing to defend Prop 8, the Supreme Court refused to rule on the merits, and also vacated (i.e., threw out) the the Ninth Circuit’s decision.

But that means Prop 8 is still the law in California. Section 3.5 of the California Constitution specifically commands:

An administrative agency … has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit’s). There is only a trial court opinion. So every agency in California is legally bound to regard Prop 8 as binding law…

…“marriage may be even farther away” in other states because the federal government cannot now pass a law forcing gay marriage rights on more conservative states…

13 Comments!

  1. Brad
    Posted June 26, 2013 at 10:52 pm |

    ????????
    The second hotlink goes to the same story as the first.

    Nothing in the story discusses the idea that the ruling will have an impact on the feds ability to make law in the area of marriage.

    Is there a different story that the second link should go to?

  2. SondraK, Queen of my domain
    Posted June 26, 2013 at 11:09 pm |

    ^ Fixed. Sorry about that!

    With both of these rulings they decided that the federal government cannot make law in the area of marriage. That’s the whole point.

  3. JoeBandMember ≠
    Posted June 27, 2013 at 5:31 am |

    The radical homosexuals still want to silence anyone who disagrees. With particular emphasis on Christian churches.

    We haven’t seen nothing yet in America.

    if you don’t believe me, have a look at how pastors in other countries are brought up on charges for preaching anything against homosexual “marriage”.

  4. JoeBandMember ≠
    Posted June 27, 2013 at 5:33 am |

    For more entertainment, ask a leftie to explain “federalism”.

  5. Claire: rebellious pink pig with car keys - and a *cause*
    Posted June 27, 2013 at 6:27 am |

    Butbutbut…!!!

    Our Constitutional Skoller in Chief made a Surprise Congratulatory fone call to two of the pro gay marriage plaintiffs in the anti-Prop 8 case while they were being interviewed on MSLSD !!!!!

    What a fortuitous coinkydink, eh?

  6. SondraK, Queen of my domain
    Posted June 27, 2013 at 6:54 am |

    JoeBandMember ( 4 )… LMAO!!! :)

  7. rickn8or
    Posted June 27, 2013 at 7:04 am |

    Claire, evidently he’s about as good a lawyer as an extemporaneous speaker.

    But evidently, a LOT of people missed the “reset” re: Prop 8 yesterday.

  8. Posted June 27, 2013 at 7:12 am |

    *PHEW*…. So we don’t have to get gay-married after all?

  9. DougM (ΜΟΛΩΝ ΛΑΒΕ)
    Posted June 27, 2013 at 7:24 am |

    Missy,
    Your not-dead-yet graphic made me smile …
    a lot.

    And a locker-room pat on the ass to JBM (4).

  10. Trkof
    Posted June 27, 2013 at 7:29 am |

    Clap clap clap from barbados

  11. DougM (ΜΟΛΩΝ ΛΑΒΕ)
    Posted June 27, 2013 at 7:31 am |

    ^ Hey, Rodge hasn’t fallen off the edge of the World!
    (What? Dunno, but evidently, it’s well past Barbados.)

  12. Colonel Jerry USMC
    Posted June 28, 2013 at 8:18 am |

    Whew! That puts the lie to the story that Rogie had booked 2 tickets to Saigon, Vietnam…….

  13. JoeBandMember ≠
    Posted June 28, 2013 at 12:55 pm |

    State’s rights won.

    A very small skirmish in a huge war, but a win is a win.