Every legal expert in America knows that the battle over marriage has just begun–everyone, it seems, but Judge Vaughn Walker. Now that he’s overturned Proposition 8, Walker says our side has suddenly lost their standing to appeal. To people familiar with the courts and the appellate process, that statement is totally absurd. If the proponents of Prop 8 didn’t have standing, there wouldn’t have been a trial in the first place! A judge can’t strip away a group’s standing when it’s convenient for him. As an open homosexual, I’m sure that Walker would like nothing better than to say, “Case closed!” But that’s not the way our legal system works. If a team of attorneys has standing to defend Proposition 8, then surely they have a right to appeal a ruling abolishing it.
The People spoke, a judge overturns, the people spoke again, a judge overturns again. So is it, “we the people” or “we the Judges”
SAN DIEGO – A federal judge Wednesday ruled that Proposition 8, California’s voter-approved ban on same-sex marriage, is unconstitutional.