Hello there.

I don’t normally do this - and I don’t mean to harsh on your squee or stomp or your feels or whatever, but…if I hear one more person say that SCOTUS overruled Proposition 8 I will develop a tic. It’s because of law school, I’m sorry, it fucks with you.

Proposition 8 was overturned by the awesome Judge Vaughn Walker in the District Court. He sort of eviscerated those defending Proposition 8. He decided that it violated the Equal Protection and Due Process Clause.

Then, a bunch of procedural stuff happened which is only riveting for people who enjoyed Civil Procedure - but the CA officials refused to defend Prop8, so the people who put Proposition 8 on the ballot in CA brought their appeal of the District Court decision to SCOTUS.

SCOTUS decided they did not have standing to bring a case - so, even though they don’t like same-sex marriage, tough shit, they’re not injured in a particular way by Prop 8 being overturned. They’re just like any other citizen who doesn’t like the law. And this stuff is only really interesting if you liked Civil Procedure and Administrative Law. 

The take away? SCOTUS did not rule on whether states can restrict same-sex marriage. They did not rule on whether laws like Prop8 were Constitutional. They just said the people who brought the case did not have the right to bring the case and it got tossed out on procedural, not substantive grounds.

Um. Sorry about that. But it matters. A lot. Because that substantive question still looms and it’s not going to be as easy as DOMA because of the states rights argument. There’s still a fight out there.

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