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Marriage Equality Cases Update Thread

FUCK YES, DOMA is down on Equal Protection grounds. I will be updating this thread as we have more info.

Full ruling on Windsor here.

10:05 AM — "There is a "careful consideration" standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles." -Page 20 of Kennedy's majority decision.

10:10 AM — SCOTUSblog is reporting that language in the Windsor decision is telegraphing a dismissal of Prop 8 on standing, which would be a limited ruling striking down Prop 8 and bringing marriage equality to California.

10:15 AM — Apparently it's going to be a while before we get the Perry ruling, since Scalia won't shut the everloving fuck up.

10:20 AM — "Blah blah rational basis blah blah blah strict scrutiny blah blah blah my pants-place is sad now that something good happened for gay people blah blah I shall soon be returning to Mordor to raise an army in defense of the all-seeing eye." —Antonin Scalia

10:22 AM — The court has released the Hobbs decision (which I know nothing about), meaning Perry will be last. This one seems to be a unanimous decision? Ok.

10:27 AM — Perry is out, I am incredibly confused. Scalia appears to have voted to vacate Prop 8? What the fuck? This looks like a dismissal on no standing, which would strike down Prop 8 and make marriage equality legal in California. But I don't understand which justices went where.

10:30 AM — I THINK we just won Perry. SCOTUSblog is being cagey. They refuse to allow private petitioners to defend a law a state refuses itself to defend.

10:34 AM — Honestly, I don't think SCOTUSblog understands what this decision means. I can't believe we saw a high profile case where the majority was Roberts, Scalia, Ginsburg, Kagan, and Breyer though. WTF?! How are RBG and His Royal Trollishness on the same side in ANYTHING?!

10:43 AM — I may have just described Scalia as "a block of cheese that has melted and re-solidified into human form." In other news, SCOTUSblog's "Plain English" take does not answer the question of whether Prop 8 is now no more.

10:50 AM — It would appear that Prop 8 is now rendered unenforceable, which should theoretically legalize marriage equality in California (since it's already legalized and Prop 8 had blocked it). We...won? I think?

10:58 AM — Perry would appear to be a partial win. Prop 8 is effectively nullified — but ONLY because CA refused to defend it. Future amendments similar to Prop 8 are not ruled unconstitutional, but this should be go for marriage equality in California. Thanks to Meaghan Hatcher-Mays for explaining this to me on twitter.

10:59 AM — Jim Sterling tweets the following: "... oh fuck, looked out the window. It's gay people. LOADS OF GAY PEOPLE. They have knives and they've come for my wife. Shit." I DIE.


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